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HomeMy WebLinkAboutC-2886(D) - Finals Design of Pacific Coast Highway/Newport Boulevard Interchange Bridge Structures ImprovementsCittf Newport Beach a NO. BA- 074 :4111-DIC1 9-1- V:WDIN[4:1 1997 -98 AMOUNT: Sa1,as7.5o .FFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AMD Decrease in Budgetary Fund Balance X Transfer Budget Appropriations X No effect on Budgetary Fund Balance BY THE CITY COUNCIL X from existing budget appropriations CITY OF NEWPORT BEACH from additional estimated revenues from unappropriated fund balance — $ lG_$ EXPLANATION: I APPROVED— This budget amendment is requested to provide for the following: To amend the Professional Services Agreement with Gail P. Pickart P.E. for MacArthur Boulevard Widening and Newport Boulevard and Coast Highway "Arches" Interchange Improvements. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit EMW Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7181 Gas Tax Account Number C5100071 Project Management - Gas Tax $19,800.00 Division Number 7181 Gas Tax Account Number C5100066 MacArthur Widening Improvements $19,800.00 Division Number 7281 Measure M Account Number C510072 Project Management- Measure M $19,800.00 Division Number 7281 Measure M Account Number C5100066 MacArthur Widening Improvements $19,800.00 Division Number 7181 Gas Tax Account Number C5100071 Project Management - Gas Tax $12,150.00 Division Number 7181 Gas Tax Account Number C5100199 PCH /Newport Blvd Improvements $12,150.00 Division Number 7181 Gas Tax Account Number C5100072 Project Management- Measure M $12,150.00 Division Number 7181 Gas Tax Account Number C5100199 PCH /Newport Blvd Improvements $12,150.00 Signed: Fi ncial A p oval: Finance Director Date igned: -a - ,fr, t Adp/ tive Ap ova ' y Manager Signed: I' .�V , J T �C,n pDatep p City Council Approval: City Clerk Date • 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 �t day of June, 1998, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and GAIL P. PICKART, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, California 92663, (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On June 23, 1997, a Professional Services Agreement for Project Management Services related to the Newport Boulevard and Pacific Coast Highway (SR 55/1) "Arches" Interchange Improvements was entered into by and between CITY and CONSULTANT, (hereinafter referred to as "AGREEMENT') B. Section 29 of AGREEMENT authorizes CITY and CONSULTANT to modify the AGREEMENT by entering into a written amendment signed by both parties. C. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT is extended from April 30, 1998, to December 31. 1998. 2. CONSULTANT shall provide additional and continuing project management services as set forth in Exhibit "A ", attached hereto and incorporated herein by reference. 0 0 3. Compensation to be paid to CONSULTANT for such additional and continuing scope of services shall be in accordance with a not -to- exceed budget of $24,300.00, as set forth in Exhibit "A ". 4. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $24,300.00 from $49,500.00 to $73,800.00. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to AGREEMENT on the date first above written. APPR,gVED AS TO FORM: City o ey f: \grou ps \p u bwo rks\agmt \98\p icka rt- arches.doc CITY OF NEWPORT BEACH, a municipal corporation BY: Mayor CONSULTANT BY Pickart, V Jail7P . P.E. I! Gail P. Pickart, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, California 92663 Phone: (949) 673 -6779 FAX: (949) 673 -6899 EXHIBIT "A" Scope of Services "Arches" Interchange Improvements Consultant proposes to continue providing project management services for the Newport Boulevard and Pacific Coast Highway (SR 5511) "Arches" Interchange Improvements for an additional period of four months (July 1998 through October 1998), thereby augmenting City staff in the following general areas or categories of work: 1. Coordination of the design and construction of the portions of the Old Newport Boulevard storm drainage improvements being accomplished by the City of Newport Beach and its contractor and consultants. 2. Coordinate and monitor relocation of underground water, sewer, gas, electrical, telephone, and cable TV facilities as necessary to accommodate construction of the parallel reinforced concrete box culvert crossing Pacific Coast Highway and extending northerly up Old Newport Boulevard. 3. Handle submittal, implementation, and compliance monitoring of regulatory agency permits for the Old Newport Boulevard storm drainage improvements as well as for the initial "Arches" project. Regulatory agencies involved include: (a) U.S. Army Corps of Engineers, (b) U.S. Coast Guard, (c) California Department of Fish and Game, (d) California Coastal Commission, (e) California Water Quality Control Board, Santa Ana Region, and (f) Caltrans. 4. Coordination of the design and construction of offsite riparian mitigation to be accomplished in a small area of Lower Big Canyon. The mitigation area replaces the wetlands eliminated by constructing the reinforced concrete box culvert and placing fill over it in the ditch along the westerly shoulder of Old Newport Boulevard. 5. Coordinate any further arrangements needed with property owners along Clubhouse Avenue related to sound wall construction. 6. Assist utility companies in the design of the electrical, telephone, and cable TV facilities associated with Underground Utility District No. 14. Exhibit A "Arches" Page Two 1-1 L 7. Perform miscellaneous tasks as may be requested by City staff members and by city elected and appointed officials. Consultant proposes to provide the above described project management services on a "time and materials" basis in accordance with the Fee Rate Schedule identified as Exhibit "B" and attached to the Professional Services Agreement dated June 23, 1997. The estimated time to be made available and the corresponding costs for the proposed services is as follows: Time Period Estimated Hours Estimated Fee Amount July 1, 1998 to 324 November 1, 1.998 (18 hrs. /week) $24,300 June 8,1998 . JUN 8 .. . CITY COUNCIL AGENDA V ITEM NO. 17 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: PROJECT MANAGEMENT SERVICES BY GAIL P. PICKART, P.E. FOR MACARTHUR BOULEVARD WIDENING AND ARCHES INTERCHANGE IMPROVEMENTS, CONTRACT NOS. 28WAND 2886 RECOMMENDATIONS: 1. Approve Amendment No. 1 to Professional Services Agreement with Gail P. Pickart, P.E. for MacArthur Boulevard Widening, Segment 2, Project Management Services and authorize the Mayor and City Clerk to execute the amendment. 2. Approve Amendment No. 1 to Professional Services Agreement with Gail P. Pickart, P.E. for Newport Boulevard and Coast Highway "Arches" Interchange Improvements project management services and authorize the Mayor and City Clerk to execute the amendment. 3. Authorize a budget amendment to: a) transfer funds in the amount of $19,800.00 from account number 7181- C5100071 (Gas Tax Project Management) to account number 7181- C5100066 (MacArthur Boulevard Widening) and $19,800.00 from account number 7286- C5100072 (Measure M Project Management) to account number 7281 - 05100066 (MacArthur Boulevard Widening), and b) transfer funds in the amount of $12,150.00 from account number 7181- C5100071 (Gas Tax Project Management) to account number 7181- C5100199 (PCH /Newport Boulevard) and $12,150.00 from account number 7181- C5100072 (Measure M Project Management) to account number 7181- C5100199 (PCH /Newport Boulevard). DISCUSSION: Background During June 1997, the City Council approved Professional Services Agreement with Gail P. Pickart, P.E. to provide project management services supporting construction of Segment 2 of the MacArthur Boulevard Widening project San Joaquin Hills road to Ford Road) and the "Arches" Interchange Improvements project. The June 9, 1997, Agreement for MacArthur Segment 2 authorized $55,400.00 for services to be provided between July 1, 1997, and December 31, 1998. The June 23, 1997, Agreement for the "Arches" project authorized $49,500.00 for services to be provided between July 1, 1997, and April 30, 1998. SUBJECT: PROJECT MANAGEMENT SERVICES BY GAIL P. PICKART,•. FOR MACARTHUR BOULEVARD WIDENING AND ARCHES INTERCHANGE IMPROVEMENTS, CONTRACT NOS. 2856 AND 2886 June 8, 1998 Page 2 Proposed Amendment for MacArthur Boulevard Widening The start of substantial construction work for Segment 2 of the MacArthur Boulevard Widening project was delayed approximately three months (from July 1997 to October 1997) while right -of -way and entry permits were obtained. The above normal rainfall during this past winter further delayed and impeded construction progress. The result is that project completion is now scheduled for the end of 1998 rather than August 1998 as was anticipated a year ago. Consultant services are needed beyond that date for finalizing the project and preparing final reports for the agencies that provided funding for the project. Because of the Consultant's role in this project during final design and Segment 1 construction, staff believes that a continuation of such project management services will be beneficial to the City. Accordingly, staff recommends approval of Amendment No. 1 to the Professional Services Agreement with Gail P. Pickart, P.E. Amendment No. 1 contains two provisions: (1) The compensation authorized is increased by $39,600 from $55,400.00 to $95,000.00. (2) The term of the Agreement is extended from January 1, 1999 to April 30, 1999. Proposed Amendment for the "Arches" Interchange Improvements The scope of the "Arches" project has been substantially expanded with the addition of the storm drainage box culvert crossing of Coast Highway at the intersection with Old Newport Boulevard. Coordination of the storm drain design, associated utility relocations, and additional permit requirements all related to the construction contract change order which the City Council approved on May 11, 1998, has created the need for the consultant's continued project management services. Staff recommends approval of Amendment No. 1 to the Professional Services Agreement with Gail P. Pickart, P.E. for continued project management services relative to the "Arches" project. Amendment No. 1 contains two provisions: (1) The compensation authorized is increased by $24,300 from $49,500 to $73,800 (2) The term of the Agreement is extended from April 30, 1998 to December 31, 1998. f.\groupsNpubworks\oounriM8Nune- 8lpickart.dx SUBJECT: PROJECT MAN• MENT SERVICES BY GAIL P. PICKART, P.IROR MACARTHUR BOULEVARD WIDENING AND ARCHES INTERCHANGE IMPROVEMENTS, CONTRACT NOS. 2856 AND 2886 June 8,1998 Page 3 Prior City Employee Mr. Pickart was a City Employee with the Public Works Department from 1966 through 1976. City Council Policy J -1 requires City Council approval of contracts with prior City employees. Funding Funds are available in the current 1997 -98 fiscal year in Project Management account number(s) 7181- C51100071 and 7281- C5100072 to cover the additional compensation authorized by the two amendments. Respectfully sub 'tted, 0 Wd'i PUBLIC WORKS DEPARTMENT . Don Webb, Director By: w4a Bill Patapoff City Engineer Attachments: Amendment No. 1 to MacArthur Agreement Amendment No. 1 to "Arches" Agreement flgroupslpubworkslcounai1198yune- 8lpickartdoc • 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT • PROJECT MANAGEMENT SERVICES NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR 5511) "ARCHES" INTERCHANGE IMPROVEMENTS This AMENDMENT NO. 1 to AGREEMENT, made and entered into this day of June, 1998, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and GAIL P. PICKART, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, California 92663, (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS: A. On June 23, 1997, a Professional Services Agreement for Project Management Services related to the Newport Boulevard and Pacific Coast Highway • (SR 55/1) "Arches" Interchange Improvements was entered into by and between CITY and CONSULTANT, (hereinafter referred to as "AGREEMENT') B. Section 29 of AGREEMENT authorizes CITY and CONSULTANT to modify the AGREEMENT by entering into a written amendment signed by both parties. C. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT is extended from April 30, 1998, to December 31, 1998. 2. CONSULTANT shall provide additional and continuing project • management services as set forth in Exhibit "A ", attached hereto and incorporated herein by reference. 0 0 3. Compensation to be paid to CONSULTANT for such additional and . continuing scope of services shall be in accordance with a not -to- exceed budget of $24,300.00, as set forth in Exhibit "A ". 0 4. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $24,300.00 from $49,500.00 to $73,800.00. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to AGREEMENT on the date first above written. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk • ft groupskpubworksXagmt %98Vickartarches.doc CITY OF NEWPORT BEACH, a municipal corporation M Mayor CONSULTANT My Gail P. Pickart, P.E. E El Gail P. Pickart, P.E. 3345 Newport Boulevard, Suite 215 • Newport Beach, California 92663 Phone: (949) 673 -6779 FAX: (949) 673 -6899 EXHIBIT "A" Scope of Services "Arches" Interchange Improvements Consultant proposes to continue providing project management services for the Newport Boulevard and Pacific Coast Highway (SR 5511) "Arches" Interchange Improvements for an additional period of four months (July 1998 through October 1998), thereby augmenting City staff in the following general areas or categories of work: 1. Coordination of the design and construction of the portions of the Old Newport Boulevard storm drainage improvements being accomplished by the City of Newport Beach and its contractor and consultants. 2. Coordinate and monitor relocation of underground water, sewer, gas, • electrical, telephone, and cable TV facilities as necessary to accommodate construction of the parallel reinforced concrete box culvert crossing Pacific Coast Highway and extending northerly up Old Newport Boulevard. 3. Handle submittal, implementation, and compliance monitoring of regulatory agency permits for the Old Newport Boulevard storm drainage improvements as well as for the initial "Arches" project. Regulatory agencies involved include: (a) U.S. Army Corps of Engineers, (b) U.S. Coast Guard, (c) California Department of Fish and Game, (d) California Coastal Commission, (e) California Water Quality Control Board, Santa Ana Region, and (f) Caltrans. 4. Coordination of the design and construction of offsite riparian mitigation to be accomplished in a small area of Lower Big Canyon. The mitigation area replaces the wetlands eliminated by constructing the reinforced concrete box culvert and placing fill over it in the ditch along the westerly shoulder of Old Newport Boulevard. 5. Coordinate any further arrangements needed with property owners along Clubhouse Avenue related to sound wall construction. 6. Assist utility companies in the design of the electrical, telephone, and cable TV facilities associated with Underground Utility District No. 14. • • Exhibit A "Arches" Page Two 7. Perform miscellaneous tasks as may be requested by City staff members and by city elected and appointed officials. Consultant proposes to provide the above described project management services on a "time and materials" basis in accordance with the Fee Rate Schedule identified as Exhibit "B" and attached to the Professional Services Agreement dated June 23, 1997. The estimated time to be made available and the corresponding costs for the proposed services is as follows: Time Period Estimated Hours Estimated Fee Amount July 1, 1998 to 324 November 1, 1998 (18 hrs. /week) $24,300 40 E 0 0 Gail P. Pickart, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, California 92663 Phone: (949) 673 -6779 FAX: (949) 673 -6899 EXHIBIT "A" Scope of Services MacArthur Boulevard Widening - Segment 2 Consultant proposes to continue providing project management services relative to MacArthur Boulevard Widening for an additional period of approximately seven months (July 1998 through February 1, 1999), thereby augmenting City staff in the following general areas or categories of work: 1. Handle bidding, construction contract award, and right -of -entry documentation for Segment 2 sound attenuation walls along the rear of six residential lots fronting on Port Manleigh Circle. 2. Handle any remaining right -of -way matters necessary, to accomplish Segment 2 widening improvements. 3. Provide coordination and administrative support to the Construction Manager . for the remainder of Segment 2 related construction which is expected to extend into the early part of 1999. 4. Serve as liaison for the design and construction of sound walls at two locations along the westerly side of MacArthur Boulevard adjoining Big Canyon Golf Course, and for the design of park and playing field improvements in the open space area along the easterly side of MacArthur Boulevard and southerly of Ford Road. 5. Prepare and process final reports to the Orange County Transportation Authority (OCTA) as necessary to obtain all eligible Measure M funding approved for the project. Final reports are anticipated for the following two aspects of the project: a. Segment 1 construction b. Segment 2 construction 6. Arrange for the inclusion of "as- built" information on the final design • drawings (improvement plans) for Segment 2 of the MacArthur Boulevard widening project. 0 0 Exhibit A . MacArthur Segment 2 Page Two 7. Perform miscellaneous tasks as may be requested by City staff members and by City elected and appointed officials. Consultant proposes to provide the above described project management services on a "time and materials" basis in accordance with the Fee Rate Schedule identified as Exhibit "B" and attached to the Professional Services Agreement dated June 9, 1997. The estimated time to be made available and the corresponding costs for the proposed services is as follows: Time Period Estimated Hours Estimated Fee Amount July 1, 1998 to Dec. 1, 1998 352 (16 hrs /week) $26,400 Dec. 1, 1998 to Feb. 1, 1999 96 (12 hrs /week) 7,200 2 Final Reports to OCTA 80 6.000 TOTAL $39,600 0 0 0 0 AMENDMENT NO.1 TO • PROFESSIONAL SERVICES AGREEMENT PROJECT MANAGEMENT SERVICES MACARTHUR BOULEVARD WIDENING - SEGMENT 2 This AMENDMENT NO. 1 TO AGREEMENT, made and entered into this day of June, 1998, by and between the CITY of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and GAIL P. PICKART, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach, California 92663, (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On June 9, 1997, a Professional Services Agreement for Project 0 Management Services related to Segment 2 of the MacArthur Boulevard Widening project was entered into by and between CITY and CONSULTANT (hereinafter referred to as "AGREEMENT "). B. Section 29 of AGREEMENT authorizes CITY and CONSULTANT to modify the Agreement by entering into a written amendment signed by both parties. C. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT is extended from January 1, 1999, to April 30, 1999. 2. CONSULTANT shall provide additional and continuing project management services as set forth in Exhibit "A" attached hereto and incorporated herein by reference. E 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 $39,600 as set forth in Exhibit A. 4. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $39,600 from $55,400 to $95,000. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to AGREEMENT on the date first above written. APPROVED AS TO FORM: City Attorney ATTEST: . City Clerk f:\ groups\ pubworkslagmt \98\pickart- macarthur.doc CITY OF NEWPORT BEACH, A municipal corporation BY: Mayor CONSULTANT ffiv Gail P. Pickart, P.E. Cl* of Newport Beach* NO. BA- 074 BUDGET AMENDMENT 1997 -98 AMOUNT: $sf,a37.so .FFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AM 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 amend the Professional Services Agreement with Gail P. Picked P.E. for MacArthur Boulevard Widening and Newport Boulevard and Coast Highway "Arches" Interchange Improvements. ACCOUNTING ENTRY: Amount BUDGETARYFUND BALANCE Debit Credit Fund Account Description EXPENDITURE APPROPRIA71ONS (3603) Description Division Number 7181 Gas Tax Account Number C5100071- Project Management- Gas Tax $19,800.00 Division Number 7181 Gas Tax Account Number C5100066 MacArthur Widening Improvements $19,800.00 Division Number 7281 Measure M Account Number C510072 Project Management- Measure M $19,800.00 Division Number 7281 Measure M Account Number 05100066 MacArthur Widening Improvements $19,800.00 Division Number 7181 Gas Tax Account Number C5100071 Project Management - Gas Tax $12,150.00 Division Number 7181 Gas Tax Account Number C5100199 PCH/Newport Blvd Improvements $12,150.00 Division Number 7181 Gas Tax Account Number 05100072 Project Management - Measure M $12,150.00 Division Number 7181 Gas Tax Account Number C5100199 PCH/Newport Blvd Improvements $12,150.00 Signed: /--� -4e ke-,n� G —.2 —Trap Friar uncial A val: Finance Director Date ggned: Admin1§1146five Ap KbvayCfty Manager Date Signed: City Council Approval: City Clerk Date 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 28`h 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 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. AP PR V D AS TO FORM: City Attorney CITY OF NEWPORT BEACH, A Municipa orporation „ BY: - Mayor CONSULT BY: M ffatt & Nic'hodf Engineers F:\Umms PBMShare"grmm ntsMNoffatamena2.Ex 2 EXHI BIT 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. „A„ 0 MOFFATT & NICHOL JUN 2 5 ! < 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 red -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. 415 North Vineyard Avenue. Suite 2CO On'ano Caiiioll 3 9 704 FAX 9C a; aw City of Newport Beach • Lloyd Dalton, P.E. June 22, 1999 Page 2 , / h 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. I and this Amendment No. 2 would be $208,697.50. If you have any questions, or require additional information please call me. Sincerely, MOFFATT & NICHOL ENGINEERS Michael Kraman, P.E. Project Manager cc: G. Pickart, CNB J: \3795 02 \word \letter \I[cnb04.doc AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT CIVIL ENGINEERING SUPPORT DURING CONSTRUCTION NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR55/1) "ARCHES" INTERCHANGE IMPROVEMENTS This AMENDMENT NO. 1, made and entered into this /"/ -1� day of September, 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 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. CITY and CONSULTANT desire to increase the scope of civil engineering support services heretofore provided by AGREEMENT. C. Section 29 of AGREEMENT authorizes CITY and CONSULTANT to modify AGREEMENT by entering into written amendments signed by both parties. D. CITY and CONSULTANT mutually desire to amend AGREEMENT (hereinafter referred to as "AMENDMENT NO. 1 ") as provided herein. 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 April 30, 1998 / revised May 31, 1998 / Final September 3, 1998, 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 $105,872.50. 3. Consultant's not -to- exceed compensation to be paid under AGREEMENT is hereby increased from $57,825 to $163,697.50. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: City Attorney F: groups /pubworkslagmt/99 /M -Namnd 1 CITY OF WPO AC , a muni p corp atf Yr CONSULTANT BY: offatt & Nich E gineers 2 0 0 EXHIBIT "A" „" MOFFATT & NICHOL September 3, 1998 City of Newport Beach P.O. Box 1768 Public Works Department 3300 Newport Boulevard P.O. Box 1768 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 Modification No. 1 Dear Lloyd, This letter and its attachments provides a revision to the scope of work and estimated budget for design services during construction of the Arches Interchange project. This includes revisions based on comments made by the City. We request that our current not to exceed budget of $57,825.00 be increased by $105,872.50 to a revised not to exceed total of $163,697.50. If you have any questions, or require additional information please call me. Sincerely, MOF INEERS Michael Kraman, P.E. Project Manager cc: G. Pickart, CNB j•V795 SSSaordk1Wnb09doe 415 North vineyard AV?nu ?, Suite 200, Ontario. California 91764 (909) 937 -0125 FAX (909) 937 -0199 E Construction Design Support Contract Modification No. 1 April 30, 1998 Revised May 29,1998 Final September 3,1998 Newport Boulevard (SR- 55)1Paclrlc Coast Highway (SR -1) "Arches" Interchange Project The following items describe modifcalions and additional scope of work for design services during construction. Shop Drawing and Submittal Review Contractor submittals have totaled over 40. This greatly exceeds our estimate of submittals for review on the project, additionally several major submittals have been reiected and required resubmitlal and review. Based on budget usage to date, this task requires the following adjustment. Additional 100.3 hours Item Cost a $10,066.40 Provide Support to Resident Engineer This item has covered requests from both the Resident Engineer and the City. Requests have been at a much higher rate than anticipated. This is attributable to the complex nature of the construction (i.e. modification of existing facilities, bridge and interchange) and the complex nature of the site (particularly existing utilities and high traffic). The detailed knowledge of the site developed by the designer is often the most expedient method for the R.E. to research and quickly gain answers to questions for resolving issues and evaluating alternatives that are raised during construction. Based on budget usage to date, this task requires the following adjustment. Additional 173 hours Item Cost = S17,328.23 Respond to Inquiries Contractor RFI's have totaled over 70 and we are at aproximately the two - thirds point of the job. This greatly exceeds our estimate of RFI's on the project. This is attributable to the complex nature of the construction (i.e. modification of existing facilities, bridge and interchange) and the complex nature of the site (particularly existing utilities and high traffic). Based on budget usage to date, this task requires the following adjustment. Additional 97 hours Item Cost = $9.713.83 0 Change Order Review 9 The following list of additional design scope items have been requested during construction, these efforts have involved preparation of additional plans or modification of existing plans to implement the requested changes. • Review of Newport Channel Bridge piles due to Contractor ordering the piles too short. • Review of Contractor's request forpile substitution on the 5511 separation. • Preparation of revised traffic handling to provide a right turn only lane on southbound Newport Blvd. At Hospital Road. • Preparation of revised traffic handling plans to increase the overlap between stages and reduce the need for lane closures and night shift work for the seismic retrofit of the Newport Channel Bridge. • Preparation of design details to accommodate the misalignment of pile at the abutment for the 5511 separation. • Modification of design details for retaining wall reinforcement to incorporate CT comments on the palm tree cutouts in Wall # 37 and for wall footing cutouts at sewer line and storm drain crossings. • Preparation of design details for modification of curb return and curb ramp location to accommodate telephone vault which PacBell could not lower in place or relocate. • Preparation of design details for a construction joint in the Newport Channel Bridge sidewalk to allow construction of the sidewalk in two phases and still support the sewer force main. This was required due to the revised trafic handling for the bridge seismic retrofit. • Preparation of design details to increase the depth of the Newport Channel bridge abutment no. 6 by providing a back seat to accommodate the planned length of the precast concrete girders with the new alignment of abutment no. 6. • Preparation of design details for a bridge electrical bond detail for the Edison relocation. • Review and approval of Contractor's request to shorten the length of the soundwall CIDH piles. • Preparation of design details for stairway uesthetics ut the 5511 separation. • Coordination with Mariner's Mile group and revisions to landscaping and civil plans per Mariner's Mile changes. • Palm tree review and revision of landscaping plans. • Review of as built condition of recessed arch aesthetic in retaining wall 37 and development of adjustments to the arch spacing and locations. • Coordination with Hoag Hospital and development of changes to the landscaping plans requested by Hoag. Additional 686.5 hours liens Cost = 568,762.00 2 jA3793 S5 \w d\dcmod3.dm September 14,1998 CITY COUNCIL AGENDA TO: MAYOR AND MEMBERS OF THE CITY COUNCIL SEP 14 FROM: PUBLIC WORKS DEPARTMENT SUBJECT: NEWPORT BOULEVARD /COAST HIGHWAY "ARGI iriv' INTERCHANGE IMPROVEMENTS — CONTRACT NO. 2886 RECOMMENDATIONS: 1. Authorize Amendment No. 1 to the professional services agreement with Moffatt & Nichol Engineers for civil engineering support during construction. 2. Authorize a budget amendment to appropriate $105,872.50 from the Circulation and Transportation Fund, unappropriated surplus fund balance to Account No. 7261- C5100199. . DISCUSSION: On June 23, 1997, the City Council awarded a contract to Brutoco Engineering and Construction Company for the construction of the Arches Interchange project, including approximately $1.5 million of related sewer work for the Orange County Sanitation District (OCSD). Along with the construction contract award, professional services agreements were approved for construction management and civil engineering support services needed for the project. The engineering firm that prepared plans and specifications for the project, Moffatt & Nichol Engineers, was retained to provide civil engineering support services for the project. Those services included providing reviews and approvals of shop drawing and submittals; preparing additional drawings and supporting documents at the City's request; providing support to the construction manager; responding to the contractor's inquiries; preparing change order documents; and visiting the job site as needed during construction. Moffatt's fee for these services was $57,825.00. The project has been under construction for approximately 12 months. During that time, Moffatt has been on call to provide construction engineering services to the construction manager, MK Centennial. In doing so, Moffatt has provided extensive services beyond the scope of their current contract. These services are for shop drawing and submittal review, support to the Resident Engineer, response to inquiries, r� i._J SUBJECT: Newport Boulevard And Coast Highway "Arches" Interchange Improvements -Contract No. 2886 September 14, 1998 Page 2 • and construction change orders, as enumerated in the attached letter from Moffatt & Nichol dated September 3, 1998. The fee for these additional services and the civil engineering support services that will be needed between now and project completion is $105,872.50. Of this amount, OCSD and Brutoco will reimburse the City $10,288.25 and $17,639.00, respectively, for additional work that has been performed for them by Moffatt. The engineering support services provided to date by Moffatt & Nichol have, in addition to clarifying complex construction issues, provided the construction manager with engineering expertise to work with the contractor and facilitate the various phases of construction. This is important because 1) the site is unusually confined, such that the work may not be performed in total, but in phases; 2) the site is laden with utilities (water, gas, Pacific Bell, Edison, Comcast, and OCSD transmission mains and telemetry) that must be replaced, relocated, undergrounded and /or protected (encased) to accommodate each phase of the improvements; 3) provisions are being made along Newport Boulevard to feed utilities underground to homes along Clubhouse Avenue, and 4) traffic flow must be routed around wherever the utility companies are working. Moffatt's timeliness and completeness of service (analysis, design, plan revision, • additional drawings, etc.) has resulted in expedited completion of work; minimized night work and traffic delays; and most importantly, few construction delays and savings in construction change orders. To date, construction change orders total less than 2' /z% of the contract amount. This is remarkable, considering the complexity of the project; e.g., utility crossings at Newport Channel Bridge, maintaining traffic flow even though the work has continued through the summer months, adjacent work being performed by Hoag Hospital, OCSD, and undergrounding by the Gas Company, Pacific Bell, Edison, and Comcast. Much of the utility work is underground and inaccurately mapped. This means that the utility work must be performed in bits and pieces. As a consequence, Moffatfs team must respond many times to lay out and to re- establish proposed utility relocations for the Contractor and for utility companies. This is "unforeseen" work that was not included in the City's contract with Moffatt. The City and it's representatives have had to bear the responsibility of assisting the utility companies to "make it work ". Due to the quick responses by Moffatt to requests for clarification and design modifications, the contractor has been able to maintain the construction schedule and may even be slightly ahead of schedule for completing work during April of 1999. The attached draft Amendment No. 1 provides for compensation to Moffatt for these additional services. Staff recommends that a budget amendment be approved to f: \.groups\pubworks lcoundi\fy98- 99Nsept- 14VnoRatl .doc . , , • • SUBJECT: Newport Boulevard And Coast Highway "Arches" Interchange Improvements -Contract No. 2886 September 14, 1998 Page 3 appropriate funds from the Transportation and Circulation Fund, unappropriated surplus fund balance to Account No. 7261- C5100199. Respectfull subm�ittQedd iL PUBLIC WORKS DEPARTMENT Don Webb, Director • • Dalton, • Attachments: Current Professional Services Agreement with Moffatt & Nichol Proposed Amendment No. 1 to Professional Services Agreement Moffatt & Nichol letter committing to complete work for $163,697.50 . Budget amendment 1: lijroups\ pubworksk oundl1fy98-99tsept- 14Wottatt.doc 0 0 PROFESSIONAL SERVICES AGREEMENT CIVIL ENGINEERING SUPPORT DURING CONSTRUCTION NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR55/1) "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 MOFFATT & NICHOL ENGINEERS whose address is 3720 South Susan Street, Suite 200, Santa Ana, California 92704, (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 support during construction relative to the Project's final design in the areas of civil engineering, -1- E E structural engineering, traffic and lighting engineering, and landscape 0 architecture upon the terms and conditions contained in this Agreement. �J D. The principal members of Consultant for purpose of this Project are Michael A. Kraman, P.E. and Allen L. Ely, 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 1st day of June 1997, and shall terminate on the 31st day of December, 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 "gand 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 -2- L Agreement without prior written approval of the City Engineer. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of fifty -seven thousand eight hundred twenty five dollars ($57,825). 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 ". 0 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. s -3- 0 C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, • qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES • City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed 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. T. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Michael A. Kraman to be its Project Manager. Consultant, at the sole discretion of City, shall remove from the Project any of its 0 -5- 0 0 personnel assigned to the performance of services upon written request of the City iEngineer. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule prepared by the construction contractor and upon the request of the Project 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. • 0 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, • boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, on a comparative basis of fault and responsibility between Consultant and City, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any . such claim. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. Irrespective of the above indemnities, neither Consultant nor City shall be responsible to the other for consequential damages. 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 • -7- 0 • Agreement. Except workers' compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Workers' compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of i� 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. Consuitant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability • insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and 0 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 0 syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. -10- 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services necessary to accommodate the agreed upon scope of work. 18. ADMINISTRATION This Agreement will be administered by the Publics Work Department. The City Engineer shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. -11- s 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS Is 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 0 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 -12- • • 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 affected by the work performed under this Agreement, and (2) prohibits 0 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 0 -13- 0 0 included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 • (714) 644 -3311 Fax 644 -3318 • All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Michael A. Kraman, P.E. Moffatt & Nichol Engineers 3720 South 6vr�rr Street, Suite 200 $ us AN Santa Ana, CA 92704 (714) 979 -2055 FAX: (714) 979 -4131 26. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions -14- 0 0 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 parry fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the • effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. As- ILJ • 29. INTEGRATED CONTRACT 0 This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding • or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is -16- • • 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 ATTEST: M/_ 1. �� K � Ci Clerk FJgroups/pubworks/agmt/97/Moftatt -17- CITY OF NEWPORT BEACH A Municipal Corporation By: ✓ a or of Newport Bead CONSULT ineers Vice President • • n U X1416 T OA JUN 18 1997 6,,, MOFFATT & NICHOL June 11, 1997 City of Newport Beach P.O. Box 1768 Public Works Department 3300 Newport Boulevard P.O. Box 1768 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 Dear Lloyd, This letter provides a scope of work and estimated budget for design services during construction of the Arches Interchange project. If you have any questions, or require additional information please call me. Sincerely, MOFFATT & NIC �AF6I3� Michael Kraman, E. Project Manager cc: G. Pickart, CNB jA11795 55\wor&&cnb07doe 3720 South Susan Street. Suite 200. Santa Ana. California 92704 (714) 979 -2055 Fax (714) 979.4131 0 0 EXHIBIT "B" • ,", MOF GATT & NICHOL RATE SCHEDULE FOR PROFESSIONAL SERVICES Effective July 1, 1997 Until Revised PROFESSIONALS Supervisory Engineer /Scientist S 125.00 Mylar Plots (B/W) Senior Engineer /Scientist S 119.00 Velllum Plots (am Engineer /Scientist III S 105.00 Drawing Reproduction Engineer /Scientist II S 92.00 - Outside Reproduction Engineer /Scientist I S 79.00 Rental Vehicle Staff Eagincer /Scientist S 66.00 TECHNICIANS Senior Technician S 94.00 Designer $ 91.00 CADD II S 73.00 CADD I S 55.00 CLERICAL Word Processing S 52.00 General Clerical S 47.00 SPECIAL Principal Engineer /Scientist S 145.00 Court Appearances S 250.00 REIMBURSABLE EXPENSES (Unless Otherwise Provided In Written Agreement) Subcontracts or Outside Services Cost 4-15% Reproductions -In House Mylar Plots (B/W) $2.001SF Color Plots $4.00/SF Velllum Plots (am S 1.00/SF Bond Plots (B/W) $0.50/SF Drawing Reproduction Coat +15% Document Reproduction 50.10 /sheet - Outside Reproduction Cost +15% Travel Company Auto 50.28 /mile Rental Vehicle Cost . Airfare Cost Meals and Lodging Cost 0 0 Construction Design Support Contract Newport Boulevard (SR -SS) /Pacific Coast Highway (SR -1) "Arches " Interchange Project 0 1/„ Construction of the project will be the responsibility of the City of Newport Beach. During the construction phase, Consultant shall work closely with the Resident Engineer (MK Centennial) within the budget allotted to assist and advise in order to minimize construction conflicts and to expedite project completion. A. Pre - Construction Meeting Prepare for and attend the Pre - Construction Meeting. M &N 12 hrs at $90/hr = $1,080 f. J B. Partnering Workshop Attend Partnering workshop with City, Contractor and Resident Engineer. M &N 8 hrs at $90/hr = $720 C. Additional Drawings Due to Consultant Revisions Furnish additional drawings for corrections and change orders required by errors or omissions by the Consultant at no cost. Such drawings shall be requested in writing to the Consultant by City and shall be at no additional cost to City. The original tracings of the drawings and contract wording for change orders shall be submitted to City for duplication and distribution. M &N 0 hrs at $90/hr = $0 0 0 D. Shop Drawing and Submittal Review Review submittals and shop drawings. The review of shop drawings shall include bridge working drawing submittals, construction contractor's submittal for substitutions, construction contractor's alternative construction approval, steel layout for structures, independent check of construction contractor's falsework submittal and others as requested by the Resident Engineer. M &N 80 hrs at $90/hr = $7,200 LCI 16 hrs at $83/hr = $1,328 FPL 16 hrs at $75/hr = $1,200 E. Additional Drawings at City's Request Prepare drawings and change order supporting documents as requested by City, as extra work. City's approval for additional engineering services for this extra work is required. E.1 Change Order No.I - Relocate 24 -inch water line crossing Pacific Coast Highway. M &N 180 hrs at $90/hr = $16,200 0 E.2 Change Order No.2 - Aesthetic Improvements M &N 40 hrs at $90/hr = $3,600 LCI 70 hrs at $83/hr = $5,810 2.1 Planting and Irrigation on east side of Newport Boulevard north of the hook ramps to Hospital Road. 2.2 Planting and Irrigation between Newport Boulevard and Old Newport Boulevard from Pacific Coast Highway to the hook ramps. 2.3 Planting and Irrigation to enhance Arches Parking Lot aesthetics. 2.4 Planting pockets on slope paving between stairway and the Separation Structure. 2.5 Planting and Irrigation along Balboa Coves Wall in the southwest quadrant. 0 2 jA3795 55\worMcmod3.doc 0 0 0 r 2.6 Drainage system for Date Palms added between Pacific Coast Highway and Newport Channel. E.3 Change Order No.3 - Detail Cleanup for Addendum No.l M &N 40 hrs at $901hr = $3,600 PSOMAS 15 hrs at $85/hr = $1,295 3.1 Cleanup and details for added work along Newport Boulevard north of hook ramps. 3.2 Cleanup and details for gravity sewer realignment along Old Newport Boulevard and crossing Pacific Coast Highway. F. Provide Support to Resident Engineer Work with the Resident Engineer to bring up to speed on the project and provide data and materials to assist the RE in his tasks. M &N 40 hrs at $90/hr = $3,600 G. Respond to Inquiries Respond to contractors' inquiries through Resident Engineer's request. M &N 60 hrs at $901hr = $5,400 LCI 16 hrs at $831hr = $1,328 FPL 8 hrs at $751hr = $ 600 H. Change Order Review Review proposed change orders and make recommendations as requested by Resident Engineer, as extra work. City's approval for additional engineering services for this extra work is required. j:V 795_551wordldcmod3.doc M &N 0 hrs at $90/hr = $0 3 0 I. Job Site Visits 0 Visit job site as required. M &N LCI FPL 40 hrs at $90/hr = $3,600 8 hrs at $831hr = $ 664 8 hrs at $75/hr = $ 600 SUMMARY Construction Design Support Contract Newport Boulevard (SR- 55)/Pacif c Coast Highway (SR -1) "Arches" Interchange Project Task M &N LCI FPL PSOMAS A $ 1,080 B $ 720 C $ 0 D $ 7,200 $ 1,328 $ 1,200 El $16,200 E2 $ 3,600 $ 5,810 E3 $ 3,600 $ 1,295 F $ 3,600 G $ 5,400 $ 1,328 $ 600 H $ 0 I $ 3,600 $ 664 $ 600 SUBTOTAL $45,000 $ 9,130 $ 2,400 $ 1,295 jA3795 55\w rdW mod3.doc 4 TOTAL $57,825 1 • • AMENDMENT NO. 1 . TO PROFESSIONAL SERVICES AGREEMENT CIVIL ENGINEERING SUPPORT DURING CONSTRUCTION NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR5511) "ARCHES" INTERCHANGE IMPROVEMENTS This AMENDMENT NO. 1, made and entered into this day of September, 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 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 5511) "Arches" Interchange Improvements was entered into by and between CITY and CONSULTANT. B. CITY and CONSULTANT desire to increase the scope of civil engineering support services heretofore provided by AGREEMENT. C. Section 29 of AGREEMENT authorizes CITY and CONSULTANT to modify AGREEMENT by entering into written amendments signed by both parties. D. CITY and CONSULTANT mutually desire to amend AGREEMENT (hereinafter referred to as "AMENDMENT NO. 1 ") as provided herein. 0 NOW, THEREFORE, the parties hereto agree as follows: 0 0 1. CONSULTANT shall provide additional civil engineering support • services during construction as set forth in CONSULTANT's proposal letter dated September 3, 1998, 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 $105,872.50. 3. Consultant's not -to- exceed compensation to be paid under AGREEMENT is hereby increased from $57,825 to $163,697.50. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk F: groups/pubwodcs /agmt/99 /M -Namnd 1 CITY OF NEWPORT BEACH, • a municipal corporation BY: Mayor CONSULTANT BY: Moffatt & Nichol Engineers 2 �J f� 0 ,d„ MOFFATT & NICHOL September 3, 1998 City of Netirport Beach P.O. Box 1768 Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659 -1768 Attention: Lloyd Dalton, A.E. Subject: Newport Boulevard and Pacific Coast Highway (SR- 551SR -1) "Arches" Interchange RE: Design Support Services During Construction Modification No. 1 Dear Lloyd, This letter and its attachments provides a revision to the scope of work and estimated budget for design services during construction of the Arches Interchange project. This includes revisions based on comments made by the City. We request that our current not to exceed budget of $57,825.00 be increased by $105,872.50 to a revised not to exceed total of $163,697.50. If you have any questions, or requite additional infomiation please call me. Sincerely, MOFF ,INEERS Michael Kramon, P.E. Project Manager cc: G. Pickart, CNB j AU795_55NwordNcenb09doc 415 North Vinryard Avenue, Suite 200, Ontario, California 91764 (909) 937 -0125 FAX (909) 937 -0199 0 [i LJ Construction Design Support Contract Modification No. 1 April 30,1998 Revised May 29, 1998 Final September 3,1998 Newport Boulevard (SR- 55)/Paclfic Coast Highway (SR -1) "Arches" Interchange Project The following items describe modifications and additional scope of work for design services during construction. Shop Drawing and Submittal Review Contractor submittals have totaled over CO. This greatly exceeds our estimate of submittals for review on the project, additionally several major submittals have been rejected and required resubmival and review. Based on budget usage to elate, this task requires the following adjustment. Additional 100.5 hours Item Cost = 510,066.60 • Provide Support to Resident Engineer This item has covered requests from both the Resident Engineer and the City. Requests have been at a much higher rate than anticipated. This is attributable to the complex nature of the construction (i.e. modification ofexistingfacilities, bridge and interchange) and the complex nature of the site (particularly existing utilities and high traffic). The detailed knowledge of the site developed by the designer is often the most expedient method for the R.E. to research and quickly gain answers to questions for resolving issues and evaluating alternatives that are raised during construction. Based on budget usage to date, this task requires the following adjustment. Additional 173 hours Item Cost = $17,328.23 Respond to Inquiries Contractor RFI's have totaled over 70 and we are at aproximately the two - thirds point of the job. This greativ exceeds our estimate of M's on the project. This is attributable to the complex nature of the construction (i.e. modification of existing facilities, bridge and interchange) and the complex nature of the site (particularly existing utilities and high • traffic). Based on budget usage to date, this task requires the following adjustment. Additional 97 hours Item Cost = $9,715.83 0 0 • Change Order Review Thefollowing list ofadditional design scope items have been requested during construction, these efforts have involved preparation of additional plans or modfcation of existing plans to implement the requested changes. • Review of Newport Channel Bridge piles due to Contractor ordering the piles too short. • Review of Contractor's request forpile substitution on the 5511 separation. • Preparation of revised traffic handling to provide a right turn only lane on southbound Newport Blvd. At Hospital Road. • Preparation ofrevised traffic handling plans to increase the overlap between stages and reduce the need for lane closures and night shill work for the seismic retrofit of the Newport Channel Bridge. • Preparation of design details to accommodate the misalignment ofpile at the abutment for the 5511 separation. • Modification of design details for retaining wail reinforcement to incorporate CT comments on the palm tree cutouts in Wall #! 37 and for wall footing cutouts at sewer line and storm drain crossings. • Preparation of design details for modification of curb return and curb ramp location . to accommodate telephone vault which PacBell could not lower in place or relocate. • Preparation of design details for a construction joint in the Newport Channel Bridge sidewalk to allow construction of the sidewalk in two phases and still support the sewer force main. This was required due to the revised traffic handling for the bridge seismic retrofit. • Preparation of design details to increase the depth of the Newport Channel bridge abutment no. 6 by providing a back seat to accommodate the planned length of the precast concrete girders with the new alignment of abutment no. 6. • Preparation of design details for a bridge electrical bond detail for the Edison relocation. • Review and approval of Contractor's request to shorten the length of the soundwall CIDH piles. • Preparation of design details for stairway aesthetics ut the 5511 separation. • Coordination with Mariner's Mile group and revisions to landscaping and civil plans per Mariner's Mile changes. • Palm tree review and revision of landscaping plans. • Review of as built condition of recessed arch aesthetic in retaining wall 37 and development of adjustments to the arch spacing and locations. • Coordination with Hoag Hospital and development of changes to the landscaping plans requested by Hoag. Additional 686.5 hours Item Cost = $68,762.04 2 j:\3795-55\word\drn dMac I00y of Newport Beach• NO. BA- 011 BUDGET AMENDMENT 1998 -99 AMOUNT: $105,872.50 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To appropriate $105,872.50 from the Circulation and Transportation Fund, unappropriated surplus fund balance to the PCH /Newport Boulevard capital project ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Eo.d Account Circulation & Trans 260 3605 REVENUE APPROPRIATIONS (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Amount Debit Description Fund Balance Control $105,872.50 Description Automatic Signed: Finane proval: Finance Direct Signed: AdInimistrative Approval: City 'Manager Signed: City Council Approval: City Clerk Credit $105,872.50 r, ' Date Date Description Division Number 7261 Circulation & Transportation Fund Cap Projects Account Number C5100199 PCH /Newport Boulevard Improvements Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Automatic Signed: Finane proval: Finance Direct Signed: AdInimistrative Approval: City 'Manager Signed: City Council Approval: City Clerk Credit $105,872.50 r, ' Date Date CW of Newport Beach BUDGET AMENDMENT 1998 -99 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Budget Appropriations AM Transfer Budget Appropriations from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 011 AMOUNT: $105,872.50 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance . I i SRI i To appropriate $105,872.50 from the Circulation and Transportation Fund, unappropriated surplus fund balance to the PCH /Newport Boulevard capital project. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Eund Account Description Circulation & Trans 260 3605 Fund Balance Control $105,872.50 REVENUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7261 Circulation & Transportation Fund Cap Projects Account Number C5100199 PCH /Newport Boulevard Improvements $105,872.50 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number • Automatic System Entry. Signed: / 7 15 Financial p r val: Finance Dire Director Date ��,F — Signed: r� A�dmhims rative Approval: City Date Signed %Manager (,�C"7,. -ry (/ City Council Approval: City Clerk Date 0 AMENDMENT NO. 5 TO CONSULTANT AGREEMENT FINAL DESIGN OF PACIFIC COAST HIGHWAYINEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS This AMENDMENT NO. 5 to CONSULTANT AGREEMENT, made and entered into this gtk, day of �T u 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. C! FY 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 CITY OF NEWPORT BEACH, a municipal corporation BY: % /(/,� X Thomas C. Edward , Mayor CONSULTANT F hgroups\pubworWagmfl9Mmoffat5. doc 0 0 April 3, 1998 Mr. David A. Ludwin Director of Engineering County Sanitation Districts of Orange P O Box 8127 Fountain Valley, CA 92728 -8127 E%IBIT A 1 /h1 MOFFATT & NICHOL RECEIVED ENGWEERING DEPARTMENT APR 191 1998 COUNTY SANITATION DISTRICTS OF ORANGE COUNTY Subj: Lido Avenue Pump Station No. 3 Replacement 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 BFI's, attend meetings as requested and invoice monthly for services rendered. r'["lJil8Q: P�.` County Sanitation Districtsfrange Mr. David A. Ludwin April Two , Page Page T 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 DTD: jtc J: 11tr1 djd13795req. doc c: L. Dalton/City of Newport Beach G. Pickart/City of Newport Beach IL TO: MAYOR AND MEMBERS OF THE CITY COUNCIL 3; ZiI�1t ;1�LI�L�l►��L-1.�Y7�7�I���T�i� �g) 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 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' -711(. provide for construction management, inspection, surveying and materials testing, and authorize the Mayor and the City Clerk to execute the agreement. Y` A. Approve a $292,730.00 supplement to the professional services agreement with7� `\ Moffatt & 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 q�j Law /Crandall, Inc. to provide for reimbursement of additional Caltrans geotechnical engineering service costs, including $8,000.00 for construction related services.' 6. Approve a $49,500.00 supplement to the professional services agreement with Gail P. Pickart, P.E., to provide for project management services during 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. 0 0 e �6 PROFESSIONAL SERVICES AGREEMENT CIVIL ENGINEERING SUPPORT DURING CONSTRUCTION NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR55/1) "ARCHES" INTERCHANGE IMPROVEMENTS THIS AGREEMENT, entered into this V44- day of June, 1997, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and MOFFATT & NICHOL ENGINEERS whose address is 3720 South Susan Street, Suite 200, Santa Ana, California 92704, (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 support during construction relative to the Project's final design in the areas of civil engineering, -1- i structural engineering, traffic and lighting engineering, and landscape architecture upon the terms and conditions contained in this Agreement. D. The principal members of Consultant for purpose of this Project are Michael A. Kraman, P.E. and Allen L. Ely, 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 1st day of June 1997, and shall terminate on the 31st day of December, 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 IVZ • Agreement without prior written approval of the City Engineer. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of fifty -seven thousand eight hundred twenty five dollars ($57,825). 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. -3- 0 0 C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 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 -4- • City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Michael A. Kraman to be its Project Manager. Consultant, at the sole discretion of City, shall remove from the Project any of its -5- 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. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule prepared by the construction contractor and upon the request of the Project 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. F-3 0 12. HOLD HARMLESS 40 Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, on a comparative basis of fault and responsibility between Consultant and City, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. Irrespective of the above indemnities, neither Consultant nor City shall be responsible to the other for consequential damages. 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 -7- • • Agreement. Except workers' compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Workers' compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of N 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 and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and iM 0 outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. -10- 0 M 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services necessary to accommodate the agreed upon scope of work. 18. ADMINISTRATION This Agreement will be administered by the Publics Work Department. The City Engineer shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. -11- 0 0 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional -12- 0 a inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under a 7y other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT A. Except as specifically authorized under this Agreement, the services -13- �il 0 included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (714) 644 -3311 Fax 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Michael A. Kraman, P.E. Moffatt & Nichol Engineers 3720 South 6w@2 Street, Suite 200 Santa Ana, CA 92704 SUSAN (714) 979 -2055 FAX: (714) 979 -4131 26. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions -14- a 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. 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. -15- 0 0 • 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 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 -16- r] 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 ATTEST: By cze7,�- �� aVog(e Har des City Clerk F: /groups /pu bworks /agmt/97/Moffatt -17- CITY OF NEWPORT BEACH A Municipal Corporation By: r�s✓Xa� a or of Newport Be h CONSUL By, Engineers Vice President J1JN1 1 8 1997 i June 11, 1997 City of Newport Beach P.O. Box 1768 Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659 -1768 Attention: Lloyd Dalton, P.E. &XN 181T "A` MOFFATT & NICHOL E N 6 1 N E E R S Subject: Newport Boulevard and Pacific Coast Highway (SR-55/SR-1) "Arches" Interchange RE: Design Support Services During Construction Dear Lloyd, This letter provides a scope of work and estimated budget for design services during construction of the Arches Interchange project. If you have any questions, or require additional information please call me. Sincerely, MOFFATT & NIC E Michael Kraman, E. Project Manager cc: G. Pickart, CNB jA3795_55 \word\lwnb07doc 3720 Sooth Susan Street, Suile 200. S: zr :a F.ca (;.al�korn�a 9270 �7t a, 9'0 -2955 Fax (7;4) 979 -4131 0 Construction Design Support Contract Newport Boulevard (SR -55) /Pacific Coast Highway (SR -1) "Arches" Interchange Project 0 ,,,, Construction of the project will be the responsibility of the City of Newport Beach. During the construction phase, Consultant shall work closely with the Resident Engineer (MK Centennial) within the budget allotted to assist and advise in order to minimize construction conflicts and to expedite project completion. A. Pre - Construction Meeting Prepare for and attend the Pre - Construction Meeting. M &N 12 hrs at $90/hr = $1,080 B. Partnering Workshop Attend Partnering workshop with City, Contractor and Resident Engineer. M &N 8 hrs at $90/hr = $720 C. Additional Drawings Due to Consultant Revisions Furnish additional drawings for corrections and change orders required by errors or omissions by the Consultant at no cost. Such drawings shall be requested in writing to the Consultant by City and shall be at no additional cost to City. The original tracings of the drawings and contract wording for change orders shall be submitted to City for duplication and distribution. M &N 0 hrs at $90 /hr = $0 0 D. Shop Drawing and Submittal Review Review submittals and shop drawings. The review of shop drawings shall include bridge working drawing submittals, construction contractor's submittal for substitutions, construction contractor's alternative construction approval, steel layout for structures, independent check of construction contractor's falsework submittal and others as requested by the Resident Engineer. M &N 80 hrs at $901hr = $7,200 LCI 16 hrs at $83/hr = $1,328 FPL 16 hrs at $75/hr = $1,200 E. Additional Drawings at City's Request Prepare drawings and change order supporting documents as requested by City, as extra work. City's approval for additional engineering services for this extra work is required. E.1 Change Order No.I - Relocate 24 -inch water line crossing Pacific Coast Highway. M &N 180 hrs at $90/hr = $16,200 E.2 Change Order No.2 - Aesthetic Improvements M &N 40 hrs at $90/hr = $3,600 LCI 70 hrs at $83/hr = $5,810 2.1 Planting and Irrigation on east side of Newport Boulevard north of the hook ramps to Hospital Road. 2.2 Planting and Irrigation between Newport Boulevard and Old Newport Boulevard from Pacific Coast Highway to the hook ramps. 2.3 Planting and Irrigation to enhance Arches Parking Lot aesthetics. 2.4 Planting pockets on slope paving between stairway and the Separation Structure. 2.5 Planting and Irrigation along Balboa Coves Wall in the southwest quadrant. j:\3795_55 \word \dcmod3. doc EJ 2.6 Drainage system for Date Palms added between Pacific Coast Highway and Newport Channel. E.3 Change Order No.3 - Detail Cleanup for Addendum No.l M &N 40 hrs at $90/hr = $3,600 PSOMAS 15 hrs at $85/hr = $1,295 3.1 Cleanup and details for added work along Newport Boulevard north of hook ramps. 3.2 Cleanup and details for gravity sewer realignment along Old Newport Boulevard and crossing Pacific Coast Highway. F. Provide Support to Resident Engineer Work with the Resident Engineer to bring up to speed on the project and provide data and materials to assist the RE in his tasks. M &N 40 hrs at $90/hr = $3,600 G. Respond to Inquiries Respond to contractors' inquiries through Resident Engineer's request. M &N 60 hrs at $90/hr = $5,400 LCI 16 hrs at $83/hr = $1,328 FPL 8 hrs at $75 /hr = $ 600 H. Change Order Review Review proposed change orders and make recommendations as requested by Resident Engineer, as extra work. City's approval for additional engineering services for this extra work is required. M &N 0 hrs at $90 /hr = $0 j \3795_55 \word %dcmod3. doc I. Job Site Visits Visit job site as required. M &N LCI FPL 0 40 hrs at $90/hr = $3,600 8 hrs at $83/hr = $ 664 8 hrs at $75/hr = $ 600 SUMMARY Construction Design Support Contract Newport Boulevard (SR -55) /Pacific Coast Highway (SR -1) "Arches" Interchange Project Task M &N LCI FPL PSOMAS A $ 1,080 B $ 720 C 0 [t; El $16,200 E2 $ 3,600 $ 5,810 E3 $ 3,600 $ 1,295 F $ 3,600 G $ 5,400 $ 1,328 $ 600 H $ 0 I $ 3,600 $ 664 $ 600 SUBTOTAL $45,000 $ 9,130 $ 2,400 $ 1,295 TOTAL $57,825 4 j:\3795_55 4ord \dcmod3.doc • 0EXHIBIT "B" ,,,, MOFFATT & NICHOL RATE SCHEDULE FOR PROFESSIONAL SERVICES Effective July 1, 1997 Until Revised PROFESSIONALS Supervisory Engineer /Scientist $ 125.00 Senior Engineer /Scientist $ 119.00 Engineer /Scientist III $ 105.00 Engineer /Scientist II $ 92.00 Engineer /Scientist 1 $ 79.00 Staff Engineer /Scientist $ 66.00 TECHNICIANS Senior Technician $ 94.00 Designer $ 91.00 CADD II $ 73.00 CADD 1 $ 55.00 CLERICAL Word Processing $ 52.00 General Clerical $ 47.00 SPECIAL Principal Engineer /Scientist $ 145.00 Court Appearances $ 250.00 REIMBURSABLE EXPENSES (Unless Otherwise Provided in written Agreement) Subcontracts or Outside Services Reproductions -in House Mylar Plots (B/W) Color Plots Velllmn Plots (61W) Bond Plots (B/W) Drawing Reproduction Document Reproduction - Outside Reproduction Travel Company Auto Rental Vehicle Airfare Meals and Lodging Cost +15% $2.00 /SF $4.00 /SF $1.00 /SF $0.50 /SF Cost +15% $0.10 /sheet Cost +15% $0.28 /mile Cost Cost Cost AMENDMENT NO.4 TO CONSULTANT AGREEMENT FINAL DESIGN OF PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS This AMENDMENT NO. 4 to CONSULTANT AGREEMENT, made and entered into this day of 1997, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and 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: 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. CITY and CONSULTANT mutually desire to amend CONSULTANT 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 proposal letter dated June 11, 1997, which is attached hereto as Exhibit "A" and is incorporated herein by reference. 17J 40 2. Compensation to be paid to CONSULTANT for such additional scope of services as set forth in attached Exhibit "A" is $234,905, thereby increasing the not -to- exceed compensation amount from $1,212,892.00 to $1,447,797.00. 3. Except as expressly modified herein, all other provisions, terms, and convenants set forth in CONSULTANT AGREEMENT and AMENDMENT NOS. 1, 2, & 3 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. 4 TO CONSULTANT AGREEMENT on the date first above written. ATTEST: r MWE I "A' zwmiz F :groups /pubworks /agmt/97/Moffat4 CITY OF NEWPORT BEACH, a municipal corporation BY: 7r CONSULTANT M 2 1/ ®1 MOFFATT & NICHOL June 11, 1997 City of Newport Beach P.O. Box 1768 Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659 -1768 Attention: Lloyd Dalton, P.E. Subject: Newport Boulevard and Pacific Coast Highway (SR- 55 /SR -1) "Arches" Interchange RE: Final Design Contract Scope Modification No.3 Dear Lloyd, In completing the final design packages for the Arches Interchange construction project, the City and Caltrans have requested numerous additional items of work for the project. The attachments to this letter provide a detailed discussion of those requests and a breakdown of manhours and costs for the additional design services. If you have any questions, or require additional information please call me. Sincerely, MOFFATT & NIC NEE Michael Kraman, P.E. Project Manager cc: G. Pickart, CNB jA3795_55 \word\1tcnb06doc 3,, -20 South Susan Street. Suite 200 Sarl<a A .a. aG'or ^:ia 92,04 !i ?4j 979 -2055 Fax (71 4) 979 -473, to Design Contract Modification No.3 Newport Boulevard (SR- 55)/Pacific Coast Highway (SR -1) "Arches" Interchange Project A. Seismic Retrofit Design for the Newport Channel Bridge 1,,, Following bridge type selection for the Newport Channel Bridge widening, Caltrans requested a seismic analysis of the Channel Bridge (Design Modification No. 1). This was completed and seismic deficiencies were identified. This item addresses the final design efforts to include the seismic retrofit measures in the construction contract. This includes plans, specifications, cost estimate and structural calculations for the shear walls and backface shear keys. 401 hrs at $90/hr = $36,090 B. Modification of Retaining Walls to Accommodate Landscaping (Palm Trees), Sanitary Sewer Force Main, and Overhead Sign Structures B.1 Retaining Wall No.5A and No.37 were initially designed as Standard Type 7 and Type I walls respectively. In order to accommodate sidewalk width and palm tree planting, the wall design became non - standard due to cutouts in the wall footings for the palm trees. These cutouts had to be detailed, and structural calculations were provided to the Division of Structures for review and approval. 165 hrs at $90 /hr = $14,850 B.2 Retaining Wall No.33A and No.33B were initially designed as non - standard walls. Following the 95% submittal, these walls required redesign to accommodate the sanitary sewer force main. 94 hrs at $90/hr = $8,460 l_J M B.3 Caltrans request for an overhead sign along northbound Newport Boulevard and then a later comment to locate at Sta "A" 37 +00, required a special design detail for Wall No. 38 to accommodate the overhead sign support. 71 hrs at $90/hr = $6,390 C. Additional Retaining Walls C.1 Retaining Wall No.5B was added to provide adequate space for the Sanitation District's maintenance access to their manhole located along Ramp B1 at Sta 5 +75. This is a standard Type 1 wall. 47 hrs at $90/hr = $4,230 C.2 Retaining Wall No. 38 along the east side of Newport Boulevard was eliminated with the addition of a drainage box culvert. Revised Retaining Wall No.38 was required along the west side of Old Newport Boulevard to maintain a 1:2 slope. This is a standard Type 7 wall. 94 hrs at $90/hr = $8,460 C.3 Retaining Wall No.40 was added at the toe of slope along the east side of Newport Boulevard north of the hook ramps. This wall was required to maintain a 1:2 slope within the State's right -of -way with the addition of curb, gutter and sidewalk up to Hospital Road. 80 hrs at $90/hr = $7,200 D. Additional Aesthetics Workshops Following the 95% Submittal, the City requested additional aesthetic workshops both with the City and a public workshop. This required preparation of new displays as well as attendance at the meetings and workshops. This work included both the project consultant and landscape architect subconsultant. 62 hrs at $90/hr = $5,580 j:\3795_55 \word \dcmod3.doc 40 N E. Foundation Design and Geotechnical Report Support An extraordinary amount of effort was required in working with the City's geotechnical consultant and Caltrans to both rescive design concerns, provide quality control and process guidance to the geotechnical consultant and to take steps with Caltrans to accelerate the review process. Without these efforts, we would not have been able to obtain Caltrans approval in time, and very possibly would have ended in a recommendation by Caltrans to replace the bridge which would have drastically increased construction cost beyond the funds available. 353 hrs at $90/hr = $31,770 F. Extension of Relocation Limits and Redesign of the Gravity Sanitary Sewer Along the East Side of Newport Boulevard and North of Pacific Coast Highway With the initial addition of Sanitary Sewer relocations (Design Contract Modification No.2) we selected a concept and developed final design for the realignment of the gravity sewer line along Old Newport Boulevard. Following the 95% Submittal, and based on the proposed design change to add the box culvert along Newport Boulevard, the Sanitation District revisited the initial concepts. This resulted in the decision to revise the gravity sewer alignment and required a redesign of the gravity sewer plan, profile, and manhole base details. 198 hrs at $90/hr = $17,820 G. "Arches" Parking Lot Based on comments from the aesthetics workshops and meetings, the design of the parking lot along Old Newport Boulevard north of Pacific Coast Highway was revised to provide colored concrete, curb, gutter, and driveway access. 38 hrs at $90/hr = $3,420 H. Drainage Box Culvert Following the 100% submittal, the design was modified to revise Retaining Wall No.38 along Newport Boulevard and provide a box culvert for the drainage ditch between Newport Boulevard and Old Newport Boulevard south of the hook ramps. 246 hrs at $90/hr = $22,140 j:\3795_55 \word \dcmod3.d0c 0 a I. Additional Curb, Gutter and Sidewalk At the City's request, following the 100% Submittal, the limits of curb gutter and sidewalk improvements were extended to include the west side of Old Newport Boulevard between Pacific Coast Highway and the hook ramps, and the east side of Newport Boulevard north of the hook ramps. 161 hrs at $90/hr = $14,490 J. Additional Pavement Overlay Areas At the City's request, following the 100% Submittal, additional areas were identified for cold planing and AC overlay. 120 hrs at $90/hr = $10,800 K. Addition of Stairway in Northwest Quadrant Loop At the City's request, a stairway was added in the northwest quadrant loop ramp to provide an additional path of travel from the "accessible" walkway to the corner of Ramp B1 and Pacific Coast Highway. 94 hrs at $90/hr = $8,460 L. Traffic and Electrical Additional Work L.1 Comments by Caltrans revised the construction traffic handling of Stage 1 -Phase 2 to require another temporary signal. Our initial proposal planned two temporary signals, this additional requirement brought the total number of temporary signals to three. 80 hrs at $75/hr = $6,000 L.2 The City added requirements for City lighting along Newport Boulevard. A first request covered the west side of Newport Boulevard and Ramp B1 from Hospital Road to Short Street and the east side from the hook ramps to Pacific Coast Highway. A second request added the east side of Newport Boulevard north of the hook ramps to Hospital Road. 100 hrs at $75/hr = $7,500 j:\3795_55\word\dcmod3.doc 0 a L.3 Caltrans requested the addition of two overhead signs along Newport Boulevard, one northbound Newport Boulevard at the hook ramps, and a second on southbound Newport Boulevard at Ramp B1. 12 hrs at $75/hr = $900 M. Landscaping Additional Work M.1 Revised median planting and irrigation to accommodate changes to median island planting areas by City. 40 hrs at $83/hr = $3,320 M.2 Provided new rendering for additional City meetings and public workshops regarding project aesthetics. 94 hrs at $83/hr = $7,802 M.3 Revised irrigation controller system per City maintenance. 15 hrs at $83/hr = $1,245 MA Revised landscaping in northwest quadrant loop ramp for stairway addition. 15 hrs at $83 /hr = $1,245 M.5 Added landscaping areas to north side of Ramp B1 at Pacific Coast Highway and along the south side of Pacific Coast Highway at Ramp D2 (D1). 40 hrs at $83/hr = $3,320 M.6 Revised tree heights between Newport Boulevard and Old Newport Boulevard. 15 hrs at $83/hr = $1,245 N. Additonal Surveying Services Additional supplemental field surveys for sanitary sewer systems and utility potholing. 25.5 hrs at $85/hr = $ 2,168 j:\3795-55\word\dcmod3.doc 0 0 SUMMARY Design Contract Modification No.3 Newport Boulevard (SR -55) /Pacific Coast Highway (SR -1) "Arches" Interchange Project Task M &N LCI FPL PSOMAS A $36,090 B1 $14,850 B2 $ 8,460 B3 $ 6,390 C1 $ 4,230 C2 $ 8,460 C3 $ 7,200 D $ 5,580 E $31,770 F $17,820 G $ 3,420 H $22,140 I $14,490 K $ 8,460 Ll $ 6,000 L2 $ 7,500 L3 $ 900 Ml $ 3,320 M2 $ 7,802 M3 $ 1,245 M4 $ 1,245 M5 $ 3,320 M6 $ 1,245 N $ 2,168 SUBTOTAL $200,160 $18,177 $14,400 $ 2,168 TOTAL $234,905 j:\3795_55 \word \dcmod3. doe • TO: FROM: SUBJECT: • 0 1 0 Mayor and Members of the City Counc Public Works Department CONSULTANT AGREEMENT WITH DESIGN OF NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 April 22, 1996 CITY COUNCIL AGENDA ITEM NO. 11 RECOMMENDATIONS: 1. Approve a Consultant Agreement with Moffatt & Nichol Engineers for final design services related to the Newport Boulevard and Pacific Coast Highway Interchange Bridge Structures Improvements in the amount of $985,000; Contract No. 2886. 2. Authorize the Mayor and the City Clerk to sign the Consultant Agreement on behalf of the City. 3. Approve a budget amendment to increase revenues to the OCCTFP Fund and increase the appropriation to Account No. 7282- C5100199 in the amount of $53,069.08. 4. Approve a budget amendment in the amount of $35,870.69 to Account No. 7432- C5100199. DISCUSSION: The current F.Y. 1995 -96 budget includes funding for the final design work related to the Newport Boulevard (State Route 55) and Pacific Coast Highway (State Route 1) Interchange Bridge Structures Improvements. The major components of the project are: 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. An exhibit showing the proposed improvements is attached for reference. The proposed project is entirely within existing Caltrans right -of -way; therefore, the Caltrans "Project Development Process' must be followed even when the City is the lead agency for accomplishing the improvements. The project development items that • need to be prepared before actual construction work can begin are identified in the following summary. The current status of each item is also shown. �i 0 SUBJECT: CONSULTANT AGREEMENT WITH MOFFATT & NICHOL FOR FINAL DESIGN OF NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 April 22, 1996 Page 2 Project Development Item Status Concept Plans Project Study Report (PSR) Project Report (PR) Environmental Documentation Final Design Consisting of Plans, Specifications & Estimates Prepared in 1993 -94; accepted as complete in January 1995 Prepared in 1995; Caltrans approved March 1996 Prepared in 1995 -96; Caltrans approval expected June 1996 Prepared in 1995 -96; City approved in April 1996 Caltrans approval expected in June 1996 Begin preparation in May 1996 for Caltrans approval in April 1997 The objective of the above project development process is to have a construction contract awarded by the City Council before June 30, 1997, which is the expiration date for approximately 60% of the funding for the project as currently approved under the Orange County Combined Transportation Funding Program (OCCTFP) administered by the Orange County Transportation Authority (OCTA). The balance of the funding is from City sources which are independent of the June 30, 1997, deadline. Recognizing the tight schedule created by the funding situation, the Public Works Department staff initiated a qualification -based selection process to choose a private consulting firm to perform final design for the project. Many firms expressed interest in preparing the final design for this high - profile and prestigious project. Six firms were invited to submit a Statement of Qualifications and five firms (two firms joined together to form a single team) were interviewed on February 6 -7, 1996, by a panel consisting of two Caltrans representatives and three City representatives. The five firms interviewed were: Boyle Engineering Corporation Holmes and Narver Hunsaker Associates /Lo Buono, Armstrong & Associates IWA Engineers Moffatt & Nichol Engineers The firm of Moffatt & Nichol was given the highest ranking by the interview panel based on numerical values in eleven different categories. Contacts were then made with agencies for whom Moffatt & Nichol had previously performed final design for similar projects. Responses from agencies such as Caltrans Division of Structures in Sacramento, Orange County Transportation Authority, and the Transportation Corridor Agencies were consistently positive relative to their experience with final design work performed by Moffatt & Nichol. • CJ • SUBJECT: April 22, 1996 Page 3 CONSULTANT AGREEMENT WITH MOFFATT & NICHOL FOR FINAL DESIGN OF NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 Staff then commenced negotiations with Moffatt & Nichol to define a more specific and detailed scope of work and to establish a budget for their corresponding fee amounts and other direct reimbursable costs. The four major areas of design work are structural, civil, traffic, and landscaping. Structural design includes the new bridge over Pacific Coast Highway, the Newport Channel bridge widening along the westerly side, retaining walls adjacent to Hoag Hospital and between Newport Boulevard and Old Newport Boulevard, and sound attenuation walls along the backyards of homes fronting on Clubhouse Drive and along the perimeter of Balboa Coves. Civil design includes the roadway and ramp improvements; traffic design includes stage traffic control as well as permanent pavement delineation and signal modifications; and landscaping design involves planting and irrigation at all four quadrants of the interchange. The agreed upon scope of work and fee amounts are contained in a proposal from Moffatt & Nichol which will be incorporated into a standard form Consultant Agreement, both of which are attached for reference. The not -to- exceed contract amount of $985,000 is the total of $950,000 for professional fees and a $35,000 budget for direct reimbursable costs. Staff recommends approval of the Consultant Agreement with • Moffatt & Nichol. Funds for the final design work to be performed by Moffatt & Nichol are available in the current FY 1995 -96 budget as follows: Fund Account No. Amount Currently Available Additional Amount Requested Total Amount OCCTFP 7282- C5100199 $353,930.92 $53,069,08 $407,000.00 CIOSA Loan 7432- C5100199 $542,129.31 $35,870.69 ** $578.000.00 TOTALS $985,000.00 * OCTA has approved this additional amount as a mid -year adjustment. ** A budget amendment is concurrently being processed for this amount. Respectfully submitted, aadl�, Don Webb Public Works Director • Gail Pickart Project Consultant Attachments C� of Newport Beach NO. BA- 040 UDGET AMENDMENT it 1995 -96 AMOUNT: $53,069.08 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance . �X Increase Budget Appropriations AND Decrease in Budgetary Fund Balanc Transfer Budget Appropriations PX No effect on Budgetary Fund Balanc SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance CVnl A &1A"f%K1 tt ATE COP,f ' This budget amendment is requested to provide for the following: To appropriate $53,069.08 of additional revenue to the Pacific Coast Highway and Newport Blvd. interchange improvements ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fwd Account General Fun 010 3605 REVENUE APPROPRIATIONS (3601) Fund/Div Account 280 4859 Amount Debit Credit Description Fund Balance Control Description Measure "M" Taxes $53,069.08 EXPENDITURE APPROPRIATIONS (3603) Description Divisio Number 7282 ISTEA Accoun Number C5100199 PCH /Newport Blvd Improvements Divisio Number Accoun Number Divisio Number Accoun Number Divisio Number Accoun Number Project Number Signed: F ancial Approval: Finance Director Signed: ! i Ad i trative AXrovf City Manager Signed: City Council Approval: City Clerk • $53,069.08 Date Date . Date C!t of Newport Beach NO. B A- 041 9UDGET AMENDMENT 1995 -96 AMOUNT: 535,870.69 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Budget Appropriations ANQ X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance BY THE CITY COUNCIL SOURCE: CITY OF NEWPORT BEACH from existing budget approp do s from additional estimated re nu AR 2 '2 � -N t l I C " T E COP, NX from unappropriated fund ba n EXPLANATION: APPROVED This budget amendment is requested to provide for the following: To appropriate an additional $35,870.69 to the Pacific Coast Highway and Newport Blvd. interchange improvements ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description General Fun 430 3605 Fund Balance Control $35,870.69 REVENUE APPROPRIATIONS (3601) • Fund/Di un Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7432 CIOSA Loan Expenditures Accoun Number C5100199 PCH /Newport Blvd Improvements $35,870.69 Division Number Accoun Number Division Number Accoun Number Division Number Accoun Number Project Number • Automatic System Entry. Signed: Finbncial Approval: Finance Director Date Signed: 1-(,^ �= C Ad inisrative A prov . City Manager Date • Signed: City Council Approval: City Clerk Date • 0 I 0 Nil 0 12 ,--iNMT wb/ al IN al E • 0 a CONSULTANT AGREEMENT FINAL DESIGN OF NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS THIS AGREEMENT, entered into this _ day of 1996, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Moffatt & Nichol Engineers whose address is 3720 So. Susan Street, Suite 200, Santa Ana, CA 92704 (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. The principal members of Consultant are Michael Kraman, P.E., Project Manager; Allen Ely, P.E., S.E., Structural Task Leader; and Vickie Kraman, P.E., Civil Task Leader. C. City desires to engage Consultant to provide professional civil and structural engineering services to prepare final design of the Newport Boulevard (State Route 55) and Pacific Coast Highway (State Route 1) Interchange Bridge Structures a Improvements (hereinafter referred to as "Project ") consisting of Plans, Specifications, • and Estimates (hereinafter referred to as "PS &E ") upon the terms and conditions contained 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 date of execution of the Agreement and shall terminate on the 30th day of September, 1997, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and . incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $985,000.00. 4. STANDARD OF CARE All of the work 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 2 3196 . • 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. The Consultant shall be responsible to City for any errors or omissions in the execution of this Agreement. 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. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of the 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 express terms of this Agreement. No civil service status or other right of employment with City will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave, are available from City to Consultant, its employees or agent. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 3 is 3/96 w • 6. COOPERATION is 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 The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of the project. This Project Manager shall be available to the City at all times. The Consultant has designated Michael Kraman, P.E. to be its Project Manager. 8. TIME OF PERFORMANCE The task to be performed by Consultant under and pursuant to this Agreement shall be completed within the time period set forth in Section 1 . Consultant shall receive no additional compensation if completion of its obligation under this Agreement requires a • time greater than as set forth herein, unless such extension is caused solely by the conduct of the City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 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. 4 3/96 • 0 0 • 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal 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 agrees to indemnify, defend, save and hold harmless City, its City . Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent actions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to 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, accruing or resulting to any and all persons, firms or corporations furnishing or s . 3/96 supplying work, services, materials, equipment or supplies arising from or in any manner connected to the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 13. INSURANCE Without limiting Consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies 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 copies of policies, if requested by City, of the following insurance, with Best's Class B or better carriers: A. Worker's compensation insurance covering all employees and principals of the 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 0 6 3/96 • • 0 • property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of $1 Million Dollars ($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 reduced in coverage or in limits except is after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a • 3/96 0 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 interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an 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, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 15. 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. a 3/96 0 • No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 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 the City. 17. CITY'S RESPONSIBILITIES City shall furnish to Consultant base maps, existing studies, ordinances, data and • other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. ff-IMMETITNIff 7191HRU •► This Agreement will be administered by the Public Works Department. The Public Works Director or his /her designees shall be considered the Project Administrator and shall have the authority act for the City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. is 9 3/96 0 No report, information or other data given to or prepared or assembled by • Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 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 the City. 17. CITY'S RESPONSIBILITIES City shall furnish to Consultant base, maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this • Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. The Public Works Director or his /her designees shall be considered the Project Administrator and shall have the authority act for the City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. 9 •3/96 r A 19. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without authorization. 20. RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall • allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be io . 3196 0 itemized. Each invoice shall show the number of hours worked per person /consultant • and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice unless City disputes the amount Consultant claims is owned under this Agreement. 24. 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 its 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. The determination of the City Manager with respect to such matter shall be final. 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. 25. ERRORS AND OMISSIONS In the event that the Project Administrator determines that the Consultant's negligence, errors or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors or omissions in the plans or contract specifications, Consultant shall 11 •3196 a 0 reimburse City for the additional expenses incurred by the City including engineering, construction and /or restoration expense. Nothing herein is intended to limit City's rights under any other Sections of this Agreement. 26. TEN PERCENT (10 %) WITHHOLDING City may withhold an amount equivalent to ten percent (10 %) of the total compensation provided herein, to be released to Consultant upon final adoption of the PS &E by the Mayor and City Council. The City reserves the right to refuse to pay all billings requesting amounts in excess of ninety percent (90 %) of the total compensation provided herein until the project is completed and adopted as specified above. 27. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or • holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with this project. 12 0 3196 • • 29. CONFLICTS OF INTEREST 0 A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. The Consultant shall indemnify and hold harmless the City for any claims for damages resulting from the Consultant's violation of this Section. • 30. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 31. 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 13 3196 • i 0 • personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, 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 92659 -1768 Attention: Don Webb, Director of Public Works All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Moffatt and Nichol Engineers 3720 So. Susan Street, Suite 200 Santa Ana, CA 92704 Attention: Michael Kraman, Project Manager (714) 979 -2055 32. TERMINATION In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant 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 Consultant fails to give adequate assurance of due performance within two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. 14 . 3196 0 City shall have the option, at its sole discretion and without cause, of terminating • this Agreement without cause by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 33. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 34. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and , regulations enacted or issued by City. 35. 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. 36. 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 15 3/96 0 ' • implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed • on the day and year first written above. ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY CITY OF NEWPORT BEACH A Municipal Corporation MAYOR CONSULTANT By: MOFFATT & NICHOL ENGINEERS 16 • 3196 �J City of Newport Beach Scope of Work • EXHIBIT' A" A Professional Services Agreement Between the City of Newport Beach (the "CITY) and Moffatt & Nichol Engineers (the "CONSULTANT') forthe Route 55 /Route 1 Interchange Bridge Structures Improvements Project SCOPE OF WORK A. GENERAL SCOPE The City of Newport Beach, herein referred to as "CITY', in cooperation with the California Department of Transportation (CALTRANS), is proposing to improve the interchange of State Route 55 (Newport Boulevard) and State Route 1 (Pacific Coast Highway) in Newport Beach, California. The purpose of the project is to improve operations at the Route 55/1 Interchange. The general scope of proposed improvements include: • Replacement of the Route 1 /Route 55 separation with a six -lane bridge. • Widening of the Route 55 /Newport Channel Bridge. • Modify the Route 55 /Route 1 interchange ramps to improve traffic operations. • Provide improved pedestrian and bicycle facilities. • Modify the Sewage Lift Station (County Sanitation Districts of Orange) along Newport Boulevard at Via Lido. Services to be provided by the CONSULTANT include: 1. Management, administration, coordination, quality control, quality assurance, value engineering, and overall project responsibility with regards to producing approved final construction bid documents. April 12, 1996 Page 1 of 19 • City of Newport Beach Scope of Work 2. Preparation of Plans , Specifications and Estimates (PS &E) for project. Plans shall be prepared and submitted in CALTRANS format. 3. Preparation of all required design studies and reports. 4. Determination of location of utilities, preparation of utility conflict plans, and relocation coordination with utility companies. 5. Responsibility for preparation and approval of all required project permits. B. WORK TO BE PERFORMED BY OTHERS 1. Environmental Documentation Will be the CITY's responsibility and shall be prepared by Michael Brandman Associates (MBA). 2. Geotechnical Engineering Will be contracted for by the CITY with Law /Crandall and shall include subsurface investigation, laboratory testing and preparation of a foundations report and log of test borings for each bridge and retaining walls. A materials report and materials information • handout will be prepared for the roadway improvements. 3. Landscaping Concepts The CITY will provide existing concept landscaping plans for the Route 1 /Route 55 interchange. 4. Utility Agreements and Construction Permits Utility agreements and construction permits will be negotiated and approved by CALTRANS based on utility conflict plans prepared by CONSULTANT. — Including Utility Undergrounding and Newport Channel Floating and Dock Reconstruction. 5. Bid Documents The CITY will assemble and reproduce the necessary bid documents and invite bids for the construction contracts using final plans, specifications and estimates prepared by the CONSULTANT. 6. Construction Contracts The CITY will administer the construction contracts. • April 12, 1996 Page 2 of 19 0 City of Newport Beach Scope of Work • C. DETAILED SCOPE OF SERVICES Task 0 - Proiect Management and Administration 0.1 Project Management CONSULTANT shall perform the following project management services: • Supervise, coordinate and monitor design for conformance with City of Newport Beach, CALTRANS, AASHTO and FHWA standards. • Coordination and technical supervision of work tasks. • Preparation of subconsultant scopes of work and contracts. Coordination and oversight of subconsultant work efforts. • Maintain project files. • Prepare, circulate and file project correspondence and memos as appropriate 0.2 Design Schedule CONSULTANT shall furnish to the CITY, a detailed schedule for performing services to meet the • anticipated schedule of events to complete the engineering services for the project. CONSULTANT shall monitor and periodically update this detailed schedule. 0.3 Monthly Progress Reports and Invoices CONSULTANT shall prepare and submit monthly progress reports and invoices for work progress achieved during the reporting period. Invoices will be prepared in a format acceptable to the CITY 0.4 Meetings A. Progress Meetings CONSULTANT shall attend monthly progress meetings with the CITY and CALTRANS, and other organizations as may be necessary, to discuss work objectives, the work schedule and progress, terms of the agreement, and other related issues, in order to resolve problems and maintain the progress of the services. CONSULTANT shall maintain a log of submittals and data requests. CONSULTANT shall monitor and update such log continuously to reflect submittals, data requests, due dates and other pertinent information, and shall submit an updated log for discussion at monthly progress meetings. CONSULTANT shall prepare announcements, agendas and minutes of progress meetings and shall distribute to the CITY, CALTRANS and other attendees and organizations, as required. • April 12, 1996 Page 3 of 19 • City of Newport Beach Scope of Work B. Other Project Meetings CONSULTANT shall attend design reviews, design coordination meetings, technical workshops, and other meetings as may be necessary to accomplish project objectives. CONSULTANT shall prepare announcements, agendas, and minutes of such meetings and distribute to the CITY, CALTRANS and other attendees and organizations, as required. 0.5 Quality Assurance CONSULTANT shall maintain a quality assurance plan to ensure that plans, designs, estimates, calculations, reports and other documents submitted shall be of a quality acceptable to the CITY and CALTRANS. CONSULTANT quality assurance plan shall include the following quality control measures to be followed in the preparation of plans and estimates for this project: 1. Structural design calculations shall be checked and independent design calculations shall be prepared. 2. Drawings which show work of different disciplines in the same areas shall be ovedayed and checked to avoid conflicts and misalignments • 3. Plans shall be checked, corrected and back - checked • 4. Plans shall be marked clearly as being checked. 5. Review of the special provisions shall ensure that every construction work item has a method of payment stated in the specifications and is accounted for in the construction cost estimate. 6. Project correspondence shall be routed to affected team members and filed in project files according to the Caltrans Uniform Filing System. CONSULTANT shall perform a quality assurance review of all documents, drawings and deliverables prior to submittals to the CITY. Task 1 - Preliminary Coordination Task 1 shall consist of collecting and reviewing existing data pertinent to the design of the project, and identifying and requesting supplemental information. Communication and coordination contacts will be established with the CITY, CALTRANS (District 12 and Division of Structures), local agencies, utility companies, and permitting agencies. April 12, 1996 Page 4 of 19 • City of Newport Beach Scope of Work • 1.1 Evaluate and Assemble Project Materials CONSULTANT shall obtain and review available data and information, which is necessary for the design effort, from CITY, CALTRANS, County, local agencies, utility companies and other organizations. Such information shall include the following: - Environmental document - Project study report Draft project report - Approved project report (when available) - Utility maps and information - Aerial mapping including digitized topography - Aerial cross sections - Aerial photos - Survey control data • - Monumentation maps - Design traffic data - Traffic studies - As -built plans - Right -of -way maps and information - Materials information Historical correspondence 1.2 Field Review of the Project Site The CONSULTANT shall review the project in the field. This will be on -going activity through the design. Field reviews are needed to identify project features that may otherwise not be noticed, and to obtain a clear understanding of factors affecting the project. CONSULTANT shall obtain an Encroachment Permit from CALTRANS for field work in the state right -of -way. Specific reviews will include the following: Visible inventory of utilities • April 12, 1996 Page 5 of 19 0 ' 0 City of Newport Beach Scope of Work - Field verification of as -built features, and - Establishment of project limits. 1.3 Communication and Coordination A. Coordination with CITY and CALTRANS The CONSULTANT shall conduct a kick -off meeting to establish contact points and communication with the CITY and CALTRANS. The meeting will be held at the Caltrans District 12 offices, and will include key personnel from the following CALTRANS functional groups: • Project Development • Division of Structures • Right -of -Way • Surveys • Materials • • Traffic • Traffic Operations • Drainage • Construction • Maintenance • Landscaping • Electrical B. Interface Coordination CONSULTANT shall cooperate with the CITY, CALTRANS, and its consultants in order to interface for the environmental and geotechnical services. 1.4 Permits Coordination A. CONSULTANT shall identify all permits and reviews required to construct the project based on consultation with the CITY and CALTRANS. Early contact will be made with affected permitting agencies. It is essential that these agencies have a good understanding of the project's impacts so • April 12, 1996 Page 6 of 19 City of Newport Beach Scope of Work 0 that permitting conditions can be accurately identified and incorporated into the design process. The permitting agencies to be contacted include: - U.S. Coast Guard - Army Corps of Engineers - California Coastal Commission - Regional Water Quality Control Board - State Lands Commission - State Fish and Game 1.5 Survey Controls and Aerial Mapping CONSULTANT shall review the aerial mapping provided by the CITY. Survey control data will be obtained from CALTRANS, County of Orange and the CITY. Field surveys hall be performed to establish coordinate ties from the aerial mapping to horizontal and vertical control points, to centerlines of Route 1 and Route 55, and to right -of -way lines within the project limits. Task 2 - Preliminary Design (35% Roadway Submittal) Task 2 shall consist of updating the conceptual design, performing cost- benefit analysis and establishing the final design. Work will include preparing design reports, geometric base plan sheets and preliminary construction quantities and estimates. 2.1 Preliminary Design Review CONSULTANT shall review and update the preliminary design. This effort shall improve the detail of the design with respect to design standards, bridge arrangements, aesthetics, construction staging and traffic handling, utility relocations, value engineering and constructibility. For the proposed design improvements, CONSULTANT shall prepare technical memorandums which shall include: a brief discussion of the study, preliminary layouts, alternatives, staging operational issues and cost impacts. Issues to be studied include: • Roadway Alignment — Route 55 — Interchange Ramps — Construction Traffic Handling • Lane Configurations and Traffic Channelization April 12, 1996 Page 7 of 19 0 • 0 City of Newport Beach Scope of Work — Route 55 — Route 1 — Interchange Ramps • Route 1 /Route 55 Separation Replacement — Two Span Alternatives — Bridge Alignment Same alignment (3 part structure) Reversing curves alignment (2 part structure) — Utility relocation avoidance — Construction Traffic Handling 2.2 Design Exception Fact Sheets As necessary, Design Exception Fact Sheets shall be prepared by the CONSULTANT for review • and approval by CALTRANS. Separate formats are required for Exceptions to Mandatory Standards and Exceptions to Advisory Standards. 23 Design Plan Sheets Following approval of the design concepts, CONSULTANT shall prepare the roadway design plan sheets on the Intergraph Microstation CAD system in metric units to CALTRANS format, in accordance with CALTRANS standards and criteria, as defined in the Drafting and Plans Manual, including the following for the 35% submittal: Title Sheet: including the location map and project limits of construction and work; Typical Cross Sections: showing pavement width, structural sections and side slopes; Key Map and Line Index: with layout sheet locations and control lines; Skeleton Layouts: geometric base maps at a scale of 1:500 showing the recommended solution prepared according to CALTRANS standards and criteria as defined in the Highway Design Manual; Profiles and Superelevation Diagrams: vertical alignment shown at a scale of horizontal 1:500 and vertical 1:50. April 12, 1996 Page 8 of 19 0 0 City of Newport Beach Scope of Work is 2.4 Utility Conflict Maps Existing utility locations shall be mapped on the geometric base maps. Utilities shall be color -coded to CALTRANS standards. These sheets shall be forwarded via CALTRANS to the respective utility companies for verification review. Utility conflicts and relocation requirements will be determined from this mapping. Field conferences and potholing needs will be determined and shall be arranged by the CONSULTANT through CALTRANS. A separate log monitoring utility relocation activities shall be maintained by the CONSULTANT to insure that project certification is achieved on -time. 2.5 Right-of -Way Requirements Existing property lines and easements will be mapped on the geometric base maps. This mapping will be used as the basis for controlling the projects right -of -way requirements. Several small studies regarding right -of -way issues will be needed to assist in obtaining permits to enter and construct for some retaining wall and soundwall locations. A log of right -of -way issues shall be maintained by the CONSULTANT to ensure that project certification is achieved on -time. 2.6, Draft Drainage Report CONSULTANT shall conduct a study of local drainage which addresses existing drainage systems and the needs of the roadways and structures within the project. A Drainage Letter Report will be prepared in draft for review by the CITY and CALTRANS. The report will include the following: • - Existing Conditions Unusual and Special Conditions Alterations of Existing Facilities 2.7 Landscaping Concept Plan CONSULTANT shall identify project areas requiring erosion control, new plantings and irrigation systems. This will include areas disturbed by construction operations as well as new areas to be landscaped. Field reviews will be conducted to evaluate site conditions and for determining an appropriate list of plant material. CONSULTANT shall review and incorporate concepts from landscaping plans previously prepared for the CITY for areas of the Route 1 /Route 55 Interchange. A preliminary estimate of costs shall be prepared. CONSULTANT will coordinate closely with CALTRANS, and the CITY, in the preparation of the list of plant material and development of the concept planting plans. 2.8 Stage Construction and Traffic Handling Concepts CONSULTANT shall develop concepts for phasing construction and maintaining traffic during each phase of construction. Traffic volumes and levels of service at intersections shall be developed. Concepts shall be coordinated with the roadway and bridge design including falsework opening requirements. Pedestrian paths of travel to be maintained during construction shall be identified. 9 April 12, 1996 Page 9 of 19 0 • iCity of Newport Beach Scope of Work 2.9 Supplemental Field Surveys CONSULTANT shall perform supplemental surveys to provide a field check of and supplement the topographic mapping. Elevation detail will be provided for the design of roadway widenings, bridge widening and replacements, pavement conforms, curb joins, drainage modifications, utilities and bridge clearances. Final surveys will be based on CALTRANS survey control data. The supplemental field data will be prepared as hard copy and as an added distinct layer to the aerial topographic maps. In areas where field collected data differs significantly from aerial topographic data, the field data will be analyzed to ensure correct information and resurveyed if necessary. 2.10 Permits Coordination CONSULTANT shall meet with the appropriate permitting agencies to present the preliminary engineering and solicit concerns for input into the Final Design. A field review of the project site shall be conducted. 2.11 Public Informational Meetings CONSULTANT shall conduct up to three evening community meetings to solicit input from property owners/businesses during design. CONSULTANT shall prepare announcement flyers, meeting • exhibits and information handouts. The CITY will provide the mailing list and mail announcement flyers. The CITY will provide the meeting room. Task 3- Bridge Type Selection Task 3 shall consist of the preliminary design work for replacement of the Route 1/55 separation structure and widening of the Route 55 /Newport Channel Bridge. During this task the design effort will be advanced through structure type selection approval. 3.1 Preliminary Bridge Design In coordination with the preliminary design review, the structure arrangements for the project shall be finalized. A preliminary bridge report shall be prepared to discuss and present the information used to determine the proper structure type and bridge arrangement. The report shall include a discussion of the following: • Foundation requirements • Seismic design considerations . • Construction considerations • Bridge aesthetics • Analysis of alternative bridge types and a recommendation of the type for final design. April 12, 1996 Page 10 of 19 0 City of Newport Beach Scope of Work 0 3.2 Bridge General Plan CONSULTANT shall prepare a bridge general plan for the Route 1/55 Separation and the Route 55 /Newport Channel Bridge (Widen) based on the approved roadway geometry and field survey data. The general plan and elevation drawings shall be produced in accordance with the Caltrans Bridge Design Details Manual, Section 3, "General Plan ". 3.3 General Plan Estimate CONSULTANT shall prepare preliminary quantities and a construction cost estimate for the Route 1/55 Separation and for the Route 55 /Newport Channel Bridge (Widen). 3.4 Seismic Retrofit Review CONSULTANT shall analyze the Route 55 /Newport Channel Bridge to determine seismic deficiencies. The Project Report shows no budget for seismic retrofit and some work was performed on the original bridge during the 1991 widening project. The assumption for this Scope of Work is that any seismic deficiencies can be accommodated in the design of the new widening. If deficiencies are discovered which require modifications/retrofit of the existing bridge, than this represents a changed condition and will required modification of consultants design scope of work and an adjustment of the design fee. 3.5 Bridge Aesthetics • The CONSULTANT shall develop alternative concepts of bridge aesthetic features for the Route 1/55 Separation replacement. Up to three computer generated color renderings will be prepared. 3.6 Bridge Type Selection Meeting CONSULTANT shall prepare materials for and attend a Type Selection Meeting for the Route 1/55 Separation Replacement and widening of the Route 55 /Newport Channel Bridge. The proposed General Plans, General Plan Estimates, Type Selection Memos and Vicinity Map shall be submitted to Caltrans Division of Structures for review two weeks prior to the meeting. The CONSULTANT shall attend the Structure Type Selection Meeting and be prepared to discuss and provide information on foundation requirements, seismic requirements, aesthetic considerations, traffic handling, construction cost and other pertinent information that is needed to determine the proper structure type. After receiving written comments on the General Plan and approval of the proposed structure type, the CONSULTANT shall update the General Plan. Task 4 - Draft PSBE (65% - Roadway Submittal) Task 4 consists of reviewing comments received from the reviewing agencies on the Task 2 submittals, identifying conflicts, and working towards resolution of such conflicts. CONSULTANT shall incorporate agreed upon comments from the CITY and CALTRANS on the Task 2 submittals, • April 12, 1996 Page 11 of 19 • City of Newport Beach Scope of Work perform final design and prepare 65% roadway plans (unchecked) and design documents. Preparation will follow CALTRANS design and drafting standards. 4.1 Roadway Design Plan Sheets CONSULTANT shall prepare all roadway design drawings necessary for the project. Plans will be prepared in metric units using Intergraph Microstation CAD systems. All previously received comments will be reconciled and incorporated on the plans. Plan sheets will include: • Title and Location Map; • Typical Cross Sections; • Standard Plan List; • Key Map and Line Index; • Layouts; • Profile and Superelevation Diagrams • • Construction Details; • Contour Grading; • Drainage Plans, Profiles, Details and Quantities; • Utility Plans and Details; • Stage Construction and Traffic Handling; • Construction Area Signs; • Pavement Delineation Plans, Details and Quantities; • Summary of Quantities; • Sign Plans, Details and Quantities; • Retaining Wall Plans, Details and Quantities; • Soundwall Plans, Details and Quantities; • Plant List and Plans; . • Irrigation Plans; April 12, 1996 Page 12 of 19 0 City of Newport Beach Scope of Work • • Lighting and Sign Illumination; • Bridge Lighting Plan • Signal and Lighting Plans. • Construction Cross Sections 4.2 Special Provisions Special provisions will reference the Standard Specifications for Public Works Construction (Green Book) and the State Standard Specifications and shall be edited for the project from the latest version of the Caltrans Standard Special Provisions. This will be accomplished in accordance with Caltrans' PS &E guide using Microsoft Word on the Macintosh. SSP's will be downloaded by modem through access to the Caltrans' SSP electronic bulletin board service. General Provisions, the Contract Bid Form and Bidding Instructions will be developed from CITY standards. 4.3 Quantities and Cost Estimates Based upon the Standard Specifications for Public Works Construction and the Caltrans Standard Items of Work, with additional items added as necessary, CONSULTANT shall prepare a list of all • construction work items required for the project. Detailed quantity takeoffs will be completed for each item. A breakdown will be provided for lump sum items. Unit costs will be estimated from Caltrans Construction Cost Data. The format will be suitable for submitting to CALTRANS for obtaining the BEES estimate. Quantity calculations will be supported by a color -coded set of plans and cross- sections for each construction work item. 4.4 Caltrans Safety Review A safety review Mll be scheduled with CALTRANS upon substantial completion of all plan sheets. This will provide a comprehensive review to address any safety issues of the design. The CONSULTANT shall be available to participate in a meeting with the District Safety Committee. 4.5 lJtflides, Right -of -Way and Permits Coordination CONSULTANT shall update and finalize utility conflict mapping, right -of -way requirements and permit applications. Draft permit applications shall be prepared and provided to CALTRANS for submittal to the appropriate agencies. CONSULTANT shall monitor and follow -up on all activities and shall provide additional information as requested. 4.6 Supplemental Field Surveys CONSULTANT shall identify and perform additional field surveys that are required to complete the design effort: • April 12, 1996 Page 13 of 19 r� LJ • r1 U 0 0 City of Newport Beach 4.7 Traffic Management Plan Scope of Work A Traffic Management Plan (TMP) will be developed in order that an efficient movement of vehicles through the construction zone is maintained. Contacts with local residents and businesses will be established early in the design to receive input for this plan. Public meetings will be held to provide a forum for input from daily commuters, businesses, and patrons of the commercial areas in the project vicinity. Additional input will be provided from the CITY and CALTRANS. Once input has been received, a list of potential mitigation measures can be developed. The TMP will include the following elements: • Public information and awareness • Motorist information • Incident management • Construction strategies • Demand management strategies • Alternative route strategies The results of the evaluation will be analyzed to detennine a suggested list of TMP measures and an implementation schedule to optimize the impact of the measures. The recommended TMP measures will be chosen to address all of the anticipated construction related traffic impacts and to respond to public input in a cost effective manner. A TMP letter report which documents the process, the evaluations and the recommendations will be provided. 4.8 Draft - Final Drainage Report Drainage design and calculation for inlets, pipe culverts and dikes shall be completed. Comments from the review of the Draft Drainage Report shall be incorporated. Task 5 - Bridge Plans (Unchecked Submittal) Upon approval of the Bridge General Plan and estimates, design of the Route 1/55 Separation and Route 55 /Newport Channel Bridge (Widen) will proceed. The CONSULTANT shall perform a complete structural analysis and dynamic (seismic) analysis. A bound set of design calculations shall be prepared. 5.1 Structural Analysis and Design Calculations A complete structural design including dynamic (seismic) analysis will be performed for each bridge and non - standard retaining walls and soundwalls. A set of bound design calculations shall be prepared for each structure. April 12, 1996 Page 14 of 19 • • City of Newport Beach . Scope of Work • 5.2 Bridge Design Plan Sheets CONSULTANT shall prepare bridge plans to Caltrans Division of Structures standards and format. Unchecked details will be submitted to CALTRANS for a courtesy oversight review. The bridge drawings will include: • General Plan • Deck Contours • Foundation Plan • Abutment Plans and Details Bent Plans and Details • Bridge Typical Sections • Girder Layout • Miscellaneous Details • Log of Test Borings Task 6 - Final PS &E (95% Roadway Submittal) Task 6, consists of reviewing comments received from the reviewing agencies on the 65% Roadway Submittal, identifying conflicts and working towards resolution of such conflicts. CONSULTANT shall incorporate agreed upon comments received from CITY and CALTRANS. The design and design documents shall be updated. A quality assurance review of contract deliverables will be completed. 6.1 Quality Assurance Review The draft roadway PS &E documents shall be independently reviewed by a team of senior transportation engineers. This task includes a constructability review, a coordination check between disciplines, and a cross check between plans, special provisions and bid items. Review of the special provisions to ensure that every construction work item for the project has a method of payment stated in the specifications and is accounted for in the Construction Cost Estimate. Also as part of this quality assurance review, CONSULTANT shall review the design documents for conformance with the metric design and drafting standards. Comments will be reconciled with the Project Manager and the design team. Discrepancies will be resolved and comments incorporated into the PS &E. Corrections will be checked and back - checked. • April 12, 1996 Page 15 of 19 • City of Newport Beach Scope of Work 6.2 Update Roadway Design Plan Sheets CONSULTANT shall incorporate comments from the 65% submittal review and CONSULTANT's internal quality assurance review. Preparation of the 95% roadway design plans will be completed. 6.3 Final Drainage Report CONSULTANT shall update the Drainage Report to incorporate final draft review comments and to reflect the final design details. 6.4 Update Special Provisions Roadway special provisions will be updated in CALTRANS format by editing the standard special provisions using Microsoft Word Ver. 5 on the Macintosh computer. The SSP's will be submitted with and without hidden text. 6.5 Update Quantities and Cost Estimates CONSULTANT shall update the roadway quantities and cost estimates in a presentation similar to the Caltrans' BEES format. 6.6 Final Construction Cross Sections CONSULTANT shall update construction cross section drawings at 20 -meter intervals and compile construction slopes staking notes. These drawings will not be part of bid set. 6.7 Utilities, Right-of-Way and Permit Coordination CONSULTANT shall update and complete utility relocation, right -of -way and permit activities. Task 7 - Bridge PS &E (Checked) Task 7 consists of reviewing comments received from the courtesy review by CALTRANS, identifying conflicts and working towards resolution of such conflicts. CONSULTANT shall incorporate agreed upon comments received from the CITY and CALTRANS. The design and design documents shall be updated. An independent check of all design calculations and documents shall be completed. 7.1 Independent Structural Design Check CONSULTANT shall perform an independent structural design check for each bridge using a senior structural engineer not associated with the initial design. The process is similar to, but independent of the initial design process. The independent check includes design calculations, review of bridge design details, review of bridge special provisions, and takeoff of bridge quantities. Conflicts between the independent design check and the initial design will be resolved in a meeting of the two bridge designers. Changes will be incorporated into the final bridge design documents. April 12, 1996 Page 16 of 19 FA City of Newport Beach 0 Scope of Work 7.2 Update Structures Design Plan Sheets CONSULTANT shall incorporate comments into the structure design sheets and complete preparation of the final bridge plans. 7.3 Special Provisions CONSULTANT shall prepare structure special provisions through editing of the latest version of Caltrans' Standard Special Provisions. The SSP's will be submitted with and without hidden text. 7.4 Quantifies and Cost Estimates CONSULTANT shall prepare quantity takeoffs and marginal cost estimates for each bridge. A list of all construction work items will be prepared with a detailed quantity takeoff for each item. Unit costs will be estimated from Caltrans' Construction Cost Data. Structure quantity takeoffs and marginal cost estimates will be prepared using DOS format quantity takeoff and summary forms. An estimate will be prepared with the initial design and by the independent design team. The two structure estimates will be ratified to develop the final structure estimate. Task 8 : Final PS &E r1 L_J Task 8 shall consist of updating roadway and structures PS &E to incorporate CITY and CALTRANS comments from the Task 6 and 7 submittals. CALTRANS approval will be obtained • from District 12 for the Roadway PS &E and from Division of Structures for the Bridge PS &E. The Final Submittal shall be a set of biddable plans, specifications and estimate; checked, stamped and signed. 8.1 Final Roadway PS &E Comments received from the CITY and CALTRANS District 12 will be incorporated into the roadway design documents resolution of all comments and CALTRANS' approval will be obtained in the preparation of final roadway plans, specifications and cost estimates. 8.2 Final Bridge PS &E Comments received from the CITY and CALTRANS Division of Structures will be incorporated into the bridge design documents. Resolution of all comments and CALTRANS' DOS approval will be obtained in the preparation of final bridge plans, specifications and cost estimates. 8.3 Resident Engineer's Pending File Pertinent roadway and structures information shall be compiled and submitted in the Resident Engineer's Pending File. This will include: • Approved Project Report • Final Environmental Document April 12, 1996 Page 17 of 19 • 0 Ll • City of Newport Beach Scope of Work • Design Exception Fact Sheets • Final Design Reports • Traffic Management Plan • Materials Information Handout • Permits • BEES Cost Estimate • Design Files • Roadway Quantity Calculation Backup • Structure Quantities and Cost Estimates • Structure Design Calculations • Structure Independent Design Calculations • Bridge Deck Contours • Construction Working Day Schedule • Correspondence and Design Files 8.4 Surveyor's Information File A surveyor's information file shall be prepared, compiled and submitted. It will include: • Original Survey Notes and Calculations • Coordinate Geometry Data Listings and Calculations • Construction Slope Staking Notes 8.5 Final Permits, Utility Clearances and Right-of-Way Certification CONSULTANT shall finalize utility relocations, right -of -way and permitting activities. CONSULTANT shall insure that CALTRANS Right -Of -Way staff has received all of the necessary data and documentation to certify the project. April 12, 1996 Pagel 8 of 19 0 0 City of Newport Beach Scope of Work • Task 9 - Construction Bid Support Construction bidding procedures will be the responsibility of the CITY. CONSULTANT will provide services during the construction bidding phase of the project as described: • Attend the pre -bid meeting • Answer bidder's questions regarding the bid documents Task 10 - Construction Phase Engineering Support (Optional Services) Construction of the project will be the responsibility of the CITY. When Task 10 is authorized by the CITY, CONSULTANT will provide support services during the construction phase of the project as described: • Attend the pre - construction meeting • Confer with the Resident Engineer, as needed • Preview shop drawings and contractor submittals, as requested • Respond to contractor inquiries and requests for information. April 12, 1996 Page 19 of 19 • 10 E W i • 0 8 5 a C 3 � a Y a I EXH161T "B" s 0 D FA�B � ti o LL O � v U � C 0 V aes J F yy y Q pp QQ pp yy ti W 1 O If R a a a Jj � pt c if z 8 ,., `r R " log t F �k 'a 3 a is R' z „ raw :X�y35 .yam: o � , e w ag - 5 4 a 4 R r.� ti 5 z 5 a g R !W a A z F N N 7 � f 3 � Q o g 3 _ • � W $$$ O 2 W 3] a C 0 i o s 0 D FA�B � ti o LL O � v U � C 0 V aes f i �e k t i 9 F i Y F n I�S S�• = rq_ f 3� w ° 3a! �3 3 !I i 0 HIM 0 SOMPTIOU 11110190905 u M11112,1011100 U.]i ID �I 1111 BOOM,, ■ 1 1�1 A milli I 0 now ORION BIB mill Bill I u NU N � E • 0 SOMPTIOU �I ■ 1 1�1 A I u NU N � E • 0 TO: FROM: DATE: SUBJECT CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 6443005 FINANCE DIRECTOR CITY CLERK May 10, 1996 Contract No. 2886 Description of Contract: Consultant Agreement for Final Design of Newport Boulevard and Pacific Coast Highway Interchange Improvements Effective date of Contract: May 8, 1996 Authorized by Minute Action, approved on: April 22, 1996 Contract with: Moffatt & Nichol Engineers 3720 So. Susan Street, Suite 200 Santa Ana, CA 92704 Amount of Contract: (See Agreement) LaVonne M. Harkless, CMC /AAE City Clerk lm Attachment 3300 Newport Boulevard, Newport Beach L"M1111 MduciaAAL 0 FINAL DESIGN OF NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS THIS AGREEMENT, entered into this a day of 1996, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Moffatt & Nichol Engineers whose address is 3720 So. Susan Street, Suite 200, Santa Ana, CA 92704 (hereinafter referred to as "Consultant"), is made with reference to the following: f;3x i-, 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. The principal members of Consultant are Michael Kraman, P.E., Vice President and Allen Ely, P.E., S.E., Vice President. C. City desires to engage Consultant to provide professional civil and structural engineering services to prepare final design of the Newport Boulevard (State Route 55) and Pacific Coast Highway (State Route 1) Interchange Bridge Structures Improvements (hereinafter referred to as "Project ") consisting of Plans, Specifications, and Estimates (hereinafter referred to as "PS &E ") upon the terms and conditions contained 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 date of execution of the Agreement and shall terminate on the 30th day of September, 1997, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $985,000.00. 4. STANDARD OF CARE All of the work 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 2 3/96 services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. The Consultant shall be responsible to City for any negligent errors or omissions in the execution of this Agreement. 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. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of the 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 express terms of this Agreement. No civil service status or other right of employment with City will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave, are available from City to Consultant, its employees or agent. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 3 3/96 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 The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of the project. This Project Manager shall be available to the City at all times. The Consultant has designated Michael Kraman, P.E. to be its Project Manager. 8. TIME OF PERFORMANCE The task to be performed by Consultant under and pursuant to this Agreement shall be completed within the time period set forth in Section 1 . Consultant shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of the City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 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. 4 3/96 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal 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 agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent actions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to 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, accruing or resulting to any and all persons, firms or corporations furnishing or s 3/96 • 0 supplying work, services, materials, equipment or supplies arising from or in any manner connected to the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. Irrespective of the above indemnities, neither Consultant nor City shall be responsible to the other for consequential damages. 13. INSURANCE Without limiting Consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies 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 copies of policies, if requested by City, of the following insurance, with Best's Class A7 or better carriers; unless otherwise approved by the City Risk Manager: 6 3/96 B. Commercial general liability insurance covering third parry liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. If commercial auto liability and property 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. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of $1 Million Dollars ($1,000,000). If professional errors and omissions 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. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give 7 3196 • to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an 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 s 3/96 construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 15. REPORTS All deliverable work products prepared, reproduced or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. City shall not reuse or make any modifications to the deliverable work products without the prior written consent of Consultant. City agrees to indemnify and hold Consultant harmless from any claim, liability or cost arising out of any unauthorized reuse or modification of the deliverables. 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 the City. 17. CITY'S RESPONSIBILITIES City shall furnish to Consultant base maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's 9 3196 possession necessary for Consultant to complete the work contemplated by this Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. The Public Works Director or his /her designees shall be considered the Project Administrator and shall have the authority act for the City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without authorization. 20. RECORDS Consultant shall keep records and invoices in connection with its 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 io 3/96 u 0 Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. REIMBURSEMENT FOR EXPENSES Except for those reimbursable costs and expenses totaling $35,000 as set forth in Exhibit "B ", Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice unless City disputes the amount Consultant claims is owned under this Agreement. 24. 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 its 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 3/96 0 E his designee with respect to such disputed sums. The determination of the City Manager with respect to such matter shall be final. 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. 25. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 26. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with this project. 27. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 12 3/96 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 the City. The Consultant shall indemnify and hold harmless the City for any claims for damages resulting from the Consultant's violation of this Section. 28. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 29. 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 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 92659 -1768 Attention: Don Webb, Director of Public Works 13 3/96 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Moffatt and Nichol Engineers 3720 So. Susan Street, Suite 200 Santa Ana, CA 92704 Attention: Michael Kraman, Project Manager (714) 979 -2055 30. TERMINATION In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of fourteen (14) days, or if more than fourteen (14) days are reasonably required to cure the default and Consultant fails to give adequate assurance of due performance within fourteen (14) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving fourteen (14) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 14 3196 31. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing parry all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 32. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 33. 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, 34. 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. 15 3/96 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: n I I CI ATTORNEY CITY OF NEWPORT BEACH A Municipal Corporation By: MAYOR CONSULTANT MOFFATT & NIGflOL ENGINEERS Michael A. 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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� zr Sanitation District No. 5 of Orange County by adjusting revenues to the Contributions Fund and appropriate this amount to Account No. 7251- C5100199. 7/3 q �i 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. SUBJECT: NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY - ARCHES- INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886; APPR - 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. is • 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, ALICWORKS DEPARTMENT Don Webb, Director b� V f�r,JlC� rOoyd Dalton—, Project Manager Attachments: Exhibit "A" M &NE proposal letter Proposed Amendment No. 3 to M &NE Consultant Agreement Proposed Cooperation & Reimbursement Agreement with CSDOC • ft PACIFIC UVP � ' iy Af ti 0 COAST ft b CHANNEL 4-PRRK SITE (SURPLUS STRTE J ® pFx. CS O�ST9�N D VI D PRRK SITE ID A LO \\ / ® ✓/ (FORMER CHEVRON STRTION) Proposed CSDOC PUMP STRTION ION CITY OF PUBLIC NEWPORT BERCH WORKS DEPRRTMENT NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS C -2886 RPPROVED: HIGHWYAY IB Dec 1996 N.T.S. M. GRRCIR EXHIBIT AMENDMENT NO. 3 TO CONSULTANT AGREEMENT FINAL DESIGN OF PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS This AMENDMENT NO. 3 TO CONSULTANT AGREEMENT, made and entered into this /0Ck day of E %Yt[ 11997, 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. ' & 2 ". C. CITY and CONSULTANT mutually desire to further amend CONSULTANT 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 proposal letter dated December 23, 1996, which is attached hereto as Exhibit "B" and is incorporated herein by reference. 2. Compensation to be paid to CONSULTANT for such additional scope of services as set forth in Exhibit "B" is $178,400.00, thereby increasing the not- to- exceed compensation amount from $1,034,492.00 to $1,212,892.00. 3. Except as expressly modified herein, all other provisions, terms, and convenants set forth in CONSULTANT AGREEMENT and AMENDMENT NOS. 1 & 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 CONSULTANT AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: M o CONSULTANT M & Nichol Endneers ATTEST: City Clerk'c f. lgroups\pubworkslagmtMOffatldoc g d�... C;.dc;_, . •, F 7 cirr coUNCic CITY of NF'WP�0CR BEACH December 9, 1996 • DEC 9 : CITY COUNCIL AGENDA ITEM NO. 4 TO: MAYOR AND MEMBERS OF THE CITY CWM1lM- FROM: PUBLIC WORKS DEPARTMENT SUBJECT: NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS -CONTRACT NO. 2886 RECOMMENDATIONS: 1. Approve two amendments to the Consultant Agreement with Moffatt & Nichol Engineers, and authorize the Mayor and the City Clerk to execute the amendments. 2. Approve a Cooperation and Reimbursement Agreement with the County Sanitation Districts of Orange County, and authorize the Mayor and the City Clerk to execute the agreement. 3. Authorize a budget amendment to provide for a $397,540 contribution from the County Sanitation Districts of Orange County to cover the cost of design and construction of • CSDOC facilities along with the Arches interchange project. DISCUSSION: A. Strategy Report for Newport Channel Bridge 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. During recent project review discussions, Caltrans informed M &NE that the City must prepare and submit a "Strategy Report" to seismicly retrofit the Newport Channel bridge before Caltrans would schedule a design review meeting concerning the Newport Boulevard /Pacific Coast Highway "Arches" interchange bridge replacement. The Strategy Report was needed by Caltrans so that they could assess the sufficiency of their Newport Channel bridge to survive a maximum credible earthquake within the Newport Beach area. The report, titled "Preliminary Design Study, October 1996" is on file with the Public Works Department. $100,000 was included, in the Proiect Study Report (PSR) for retrofitting the Newport Channel bridge. When Caltrans approved the PSR, they expected that the City would retrofit the bridge as a portion of the project. However, preparing and presenting a Strategy Report for the retrofit • was not included in M &NE's scope of work with the City for the "Arches" project. To keep the project on schedule to award a contract by June 30, 1997, staff instructed M &NE to proceed in preparing and presenting the required Strategy Report. SUBJECT: NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS (C -2886) December 9, 1996 Page 2 • M &NE's report was presented to Caltrans in a combined "Type Selection /Strategy Meeting" for the "Arches" interchange bridge and Newport Channel bridge that was held in Sacramento on October 22, 1996. The report estimated that, depending upon soil characteristics at the site and Caltrans' desired level of retrofit, as much as $500,000 worth of retrofit construction may be needed for the bridge. Presently, additional soil design information needed for assessing the magnitude of required retrofit is being obtained from the City's geotechnical consultant, Law /Crandall, Inc. Staff anticipates that by December 9th, Caltrans will determine what level of retrofit, if any, will be required for the bridge. City staffs position is that no more than $100,000 of City money will be spent in this effort. M &NE's fee for preparing and presenting the strategy report is $21,952, as outlined in their proposal of October 16, 1996 (copy attached). Staff considers M &NE's proposal appropriate for the work that was accomplished, and recommends that our contract amount with M &NE be amended to pay for the work (Amendment No. 1). M &NE's proposal does not include compensation for preparing construction plans, specifications, and estimate (PS &E) for strengthening the Newport Channel bridge, if Caltrans determines that such work must be a part of this project. The compensation for that design work would be included in a subsequent amendment. B. County Sanitation Districts of Orange County ( CSDOC) Work As design work proceeds, M &NE is meeting with representatives of utility companies to resolve location conflicts between existing utility installations and the proposed bridge interchange work. In these meetings, CSDOC has requested that numerous items of work be performed on CSDOC facilities in conjunction with the work that is proposed for the "Arches" project. The following items of work (design and construction) that CSDOC will pay for include: 1. Protecting an existing sewer force main across Newport Channel; 2. Constructing a secondary sewer force main across Newport Channel; 3. Replacing 1000 feet of 15 -inch gravity sewer with a 21 -inch gravity sewer; 4. Adjusting valves and manholes to new finished grade; and 5. Constructing new maintenance vehicle turnouts. M &NE has negotiated with CSDOC and proposes to prepare PS &E for the 5 items of work listed above for a fee of $27,540, as outlined in M &NE's proposal of November 6, 1996 (copy attached). Construction costs for the CSDOC work is estimated to be $370,000. CSDOC agrees to reimburse the City for the design and construction of their facilities estimated to cost $397,540. CSDOC staff considers M &NE's proposal amount appropriate for the work that must be • performed. Accordingly, City staff recommends that our contract with M &NE be amended to pay for CSDOC's work. CSDOC will reimburse the City for these costs as outlined below. This will constitute Amendment No. 2 with M &NE. SUBJECT: NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS (C -2886) December 9, 1996 • Page 3 • C. Reimbursement Agreement with CSDOC CSDOC has prepared and forwarded the attached COOPERATION AND REIMBURSEMENT AGREEMENT to repay the City for our cost to design and construct the CSDOC facilities listed under B. above. The agreement specifies that CSDOC will reimburse the City within 30 days of receipt of our invoices, and that we will hold each other harmless from claims arising out of our performance of duties covered under the agreement. The agreement is concurrently being processed by CSDOC staff for approval at the Board meeting of December 18, 1996. City staff recommends that the agreement be executed by the City. D. Funding Funds to cover the additional consultant services are available in the FY 1996 -97 budget as described below: DESCRIPTION ACCOUNT NO. AMOUNT Circulation & Transportation Fund 7261- C5100199 $21,952 Contributions Fund 7251- C5100199 $27,540 a R ectfully submitted, W BLIC WORKS DEPARTMENT Don Webb, Director ... Iton, . _ Manager Attachments: M &NE proposals (2) Proposed Amendments to M &NE Consultant Agreement (2) Proposed Cooperation & Reimbursement Agreement with CSDOC V November 6, 1996 Revised November 14, 1996 City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659 -1768 Attention: Mr. Gail Pickart 0 1/ki MOFFATT & NICHOL • Subject: Newport Boulevard and Pacific Coast Highway (SR55/1) Interchange RE: Final Design Contract, Scope Modification No. 2 (Revised) CSDOC Sanitary Facilities Dear Gail, )5 Based on our October 31, 1996 meeting with the Consolidated Sanitation Districts of Orange County (CSDOC), we have prepared this proposal for the modification of our final design contract to include the preparation of Sanitary Sewer PS &E..This proposal has been revised to include upsizing the replacement pipe to 21" and extending the relocation to Pacific Coast Highway. A. Sanitary Sewer Relocations & Adjustments 1. Relocate 15" gravity sewer main along Newport Boulevard/Old Newport Boulevard from Sta "AM" 36 + 40 to "A"39 + 60 (Conflict Location 6) and Sta "O" 11 +10 to 10+00. Please note this proposal does not include any relocation or modification of the sanitary sewer to accommodate the drainage box culvert being designed along Old Newport Boulevard by Caltrans District 12. 2. Modify valve & piping at Sta "AM" 34 + 10 (Conflict Location 7) 3. Provide sewer line encasement at Sta "AM" 36 + 30 (Conflict Location 5) 4. Raise sewer manhole at Sta "B" 5 + 75 (Conflict Location 4) 5. Provide checker plate curb and adjust sewer manhole at Sta "CCM" 225 + 20 (Conflict Location 3) 6. Adjust three manholes to grade at Sta "CST" 25 + 70 (Conflict Location 8) • 415 North Vineyard Avenue, Suite 200, Ontario, California 91764 (909) 391 -0220 Fax (909) 467 -0178 Page Two •City of Newport Beach November 6, 1996 C • 0 Design Cost for sewer relocation along Old Newport Boulevard: Sewer Plan & Profile 2 sht at 50 hrs /sht = 100 Sewer Details and Quantities 2 sht at 40 hrs /sht = 80 Specs, Quantity Calcs and Estimate 20 200 200 hrs at $90/hr = $18,000 B. Parallel Sewer Force Main 40 ,/®, 1. Provide a secondary 24" sewer force main along Newport Boulevard from Sta "A" 31 + 40 to "AM" 34 + 30 Design cost for parallel sewer forced main: Sewer Plan & Profile 1 sht @ 50 hrs /sht = 50 Sewer Details and Quantities I sht @ 40 /sht = 40 Specs, Quantity Calcs and Estimates = 16 106 106 hrs at $90/hr = $9,540 Plans will be prepared in metric units to Caltrans standards and CSDOC requirements for inclusion in the PS &E for the interchange project. We request that the not -to- exceed limit of our current design contract be increased by $27,540 to include this additional work. Please call if you have any questions or need additional information. Sincerely, MOFFATT & Michael A. Kraman, P.E. Project Manager Copy To: John C. Dettle at CSDOC S inr-r na�rrrnrr n� ri+ ." r. N,[!rn 9r m k r 1 u (SEE EXHIBIT B) EXHIBIT D PROTECT EXISTING FORCE MAIN IN PLACE AND CONSTRUCT PARALLEL FORCE MAIN NEWPORT 11 (1r; �; , / •i•,/ :.CHANNEL , N 7/,'f - r / r P / /':. l ij m rl 0 October 16, 1996 City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659 -1768 Attention: Mr. Gail Pickart /®® MOFFATT & NICHOL. Subject: Newport Boulevard and Pacific Coast Highway (SR55 /1) Interchange M &N: 3795 RE: Final Design Contract • Scope Modification No. 1 Dear Gail, In processing the bridge type selection for the widening of the Newport Channel Bridge, Caltrans Division of Structures is requiring a seismic retrofit strategy for the existing bridge. This effort must be completed immediately for Caltrans to schedule the type selection meeting. The type selection meeting will be a combined type selection and seismic strategy meeting. Because of the critical nature of the project schedule, we have notified the City verbally of this development. This letter follows up our phone conversation and provides our proposal for the additional services to prepare the strategy report for the Newport Channel Bridge. We request that the not -to- exceed limit of our current design contract be increased by $21.952 to include this additional work. A breakdown of this manhours and cost for this task is attached This modification request only addresses preparation of the strategy report and participation at the strategy meeting concurrent with the type selection meeting. Engineering services to prepare PS &E for seismic strengthening will need to be addressed once it is determined if this work will need to be accomplished as part of this project. r1 L J 3720 South Susan Street, Suite 200, Santa Ana, California 92704 (714) 979 -2055 Fax (714) 979 -4131 lb 0 0 Please call if you have any questions or need additional information. Sincerely, Project Manager U • 11 1'®Iq • •' hA ®q 0 NEWPORT CHANNEL BRIDGE (WIDEN) PROPOSAL FOR STRATEGY REPORT October 15,1996 Structures Task $144 Senior Engineer $110 Engineering Task I $67 Word Processor $45 TOTAL Analysis 8 144 $ 16,992 Report 16 10 8 16 $ 4,660 ODC $ 300 Total Hours 24 154 8 16 $ 21,952 • Md AMENDMENT NO. 7 TO CONSULTANT AGREEMENT FINAL DESIGN OF PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS This AMENDMENT NO. 1 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 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. CITY and CONSULTANT mutually desire to amend CONSULTANT 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 proposal letter dated October 16, 1996, which is attached hereto as Exhibit "A" and is incorporated herein by reference. 2. Compensation to be paid to CONSULTANT for such additional scope of services as set forth in attached Exhibit "A" is $21,952.00, thereby increasing the not -to- exceed compensation amount from $985,000.00 to $1,006,952.00. • 13 0 3. Except as expressly modified herein, all other provisions, terms, 0 and convenants set forth in CONSULTANT 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 FORM: City Attorney ATTEST: City Clerk CITY OF NEWPORT BEACH, a municipal corporation BY: Mayor CONSULTANT BY: Moffatt & Nichol Engineers 2 L-, 1--] • AMENDMENT NO.2 TO CONSULTANT AGREEMENT 0 FINAL DESIGN OF 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 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 the date first above written, AMENDMENT NO. 1 TO CONSULTANT 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 CONSULTANT 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 proposal letter dated November 6, 1996, Revised November 14, 1996, which is attached hereto as Exhibit "A" and is incorporated • herein by reference. 2. Compensation to be paid to CONSULTANT for such additional • scope of services as set forth in attached Exhibit W is $27,540.00, thereby increasing the not -to- exceed compensation amount from $1,006,952.00 to $1,034,492.00. 3. Except as expressly modified herein, all other provisions, terms, and convenants set forth in CONSULTANT 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 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: Mayor CONSULTANT BY: Moffatt & Nichol Engineers 3 • (6 • • i COOPERATION AND REIMBURSEMENT AGREEMENT THIS COOPERATION AND REIMBURSEMENTAGREEMENT is made this day of , 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 2000 -OD020 364035 JRS:cj5:1122196 /7 0 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; 0020 36408 5 36408_ JRS:cjs:11/22/96 -2- i� 0 • (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 214nch 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:ojs:I invss -3- 15 described herein. • Section 5. Timing of Reimbursement. (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 2000.0002D • 36408 5 JRS:cjs:17 122196 -4- a • • 0 obligations under this Agreement. 0 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 • 36408 5 JRS:cjs:1122/96 -5- i • 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. A waiver of a breach of the covenants, conditions or obligations under this 2000-00020 ssaoe_s • JRS:cjs:1722/'96 -6- ..� Z 9 • 0 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 1996, at Fountain Valley, California. "DISTRICT' COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA By Chairman, Board of Directors Board Secretary COUNTY SANITATION DISTRICT NO. 6 OF ORANGE COUNTY, CALIFORNIA Chairman, Board of Directors By Board Secretary APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL By AC (Signatures continued on Page 8) 2000-OD020 36408_5 JRS:cjs:i w2i% _7_ 0.3 "CITY" ATTEST: City Clerk )iED AS TO FORM ity Attorney CITY OF NEWPORT BEACH By Mayor • 2000.00020 36408_5 • JRS:cj5:1122196 -$- b' U m } m W W co lj J im:, EXHIBIT A) in EXHIBIT C a7 s PACIFIC COAST ... -HWY r r r so ADJUST MANHOLE TO. GRADE . . AND: COVER WITH TRAFFIC. � s i ', GRATE ' ,.• ,!'' ,. r t N ml l( 1: ): 1 , N - , r N a7 s PACIFIC COAST ... -HWY r r r so ADJUST MANHOLE TO. GRADE . . AND: COVER WITH TRAFFIC. � s i ', GRATE ' ,.• ,!'' ,. .... .J ml l( a7 Jk NO. BA- 019 0 BUDGET AMENDMENT 1996 -97 AMOUNT: 5397,540.00 FECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates �X Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from e)asting budget appropriations X from additional estimated revenues from unappropriated fund balance FYPI ANOTIf)N- This budget amendment is requested to provide for the following: To appropriate an additional $397,540 to the PCH/Newport Blvd I CSDOC improvements along with the Arches interchange project ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account General Fund 010 3605 VENUE APPROPRIATIONS (3601) Fund/Division Account 250 5901 EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Control Description Private Donations and Contributions Signed: fined: Signed: Approval: Manager City Council Approval: City Clerk to fund the CC Amount Debit Credit $397,540.00 Automahb $397,540.00 Date a -9 Date Date ..A Description Division Number 7251 Contributions Fund Account Number C5100199 PCH/Newport Blvd Improvements Division Number Account Number Division Number Account Number Division Number Account Number Signed: fined: Signed: Approval: Manager City Council Approval: City Clerk to fund the CC Amount Debit Credit $397,540.00 Automahb $397,540.00 Date a -9 Date Date ..A c AMENDMENT NO. 1 TO CONSULTANT AGREEMENT FINAL DESIGN OF PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS This AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and entered into this Jtk, day of Z-9ie i : ,— 1996, 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. CITY and CONSULTANT mutually desire to amend CONSULTANT 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 proposal letter dated October 16, 1996, which is attached hereto as Exhibit "A" and is incorporated herein by reference. 2. Compensation to be paid to CONSULTANT for such additional scope of services as set forth in attached Exhibit "A" is $21,952.00, thereby increasing the not -to- exceed compensation amount from $985,000.00 to $1,006,952.00. X n 3. Except as expressly modified herein, all other provisions, terms, and convenants set forth in CONSULTANT 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. •• T I ` t •• PRO,! ATTEST: City Clerk CITY OF NEWPORT BEACH, a municipal corporation BY: yor CONSULT m 2 4 Oh IrYCf, _XC[ -� October 16, 1996 City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659 -1768 Attention: Mr. Gail Pickart bliftIq MOFFATT & NICHOL Subject: Newport Boulevard and Pacific Coast Highway (SR55 /1) Interchange M &N: 3795 RE: Final Design Contract Scope Modification No. I Dear Gail, In processing the bridge type selection for the widening of the Newport Channel Bridge, Caltrans Division of Structures is requiring a seismic retrofit strategy for the existing bridge. This effort must be completed immediately for Caltrans to schedule the type selection meeting. The type selection meeting will be a combined type selection and seismic strategy meeting. Because of the critical nature of the project schedule, we have notified the City verbally of this development. This letter follows up our phone conversation and provides our proposal for the additional services to prepare the strategy report for the Newport Channel Bridge. We request that the not -to- exceed limit of our current design contract be increased by $21,952 to include this additional work. A breakdown of this manhours and cost for this task is attached This modification request only addresses preparation of the strategy report and participation at the strategy meeting concurrent with the type selection meeting. Engineering services to prepare PS &E for seismic strengthening will need to be addressed once it is determined if this work will need to be accomplished as part of this project. 3720 South Susan Street, Suite 200, Santa Ana, California 92704 (714) 979 -2055 Fax (714) 979 -4131 J Please call if you have any questions or need additional information. Sincerely, Project Manager 0 1„q NEWPORT CHANNEL BRIDGE (WIDEN) PROPOSAL FOR STRATEGY REPORT October 15, 1996 Structures Task $144 Senior Engineer $110 Engineering Task I $67 Word Processor $45 TOTAL Analysis 8 144 $ 16,992 Report 16 10 8 16 $ 4,660 ODC $ 300 Total Hours 24 154 8 16 $ 21,952 AMENDMENT NO. 2 TO CONSULTANT AGREEMENT FINAL DESIGN OF PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS This AMENDMENT NO. 2 TO CONSULTANT AGREEMENT, made and I � entered into this �l l j day of ti9 i< r 'c ,1996, 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 the date first above written, AMENDMENT NO. 1 TO CONSULTANT 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 CONSULTANT 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 proposal letter dated November 6, 1996, Revised November 14, 1996, which is attached hereto as Exhibit "A" and is incorporated herein by reference. 0 2. Compensation to be paid to CONSULTANT for such additional scope of services as set forth in attached Exhibit "A" is $27,540.00, thereby increasing the not -to- exceed compensation amount from $1,006,952.00 to $1,034,492.00. 3. Except as expressly modified herein, all other provisions, terms, and convenants set forth in CONSULTANT 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 CONSULTANT AGREEMENT on the date first above written. ng !lime •- ATTEST: City Clerk CITY OF NEWPORT BEACH, a municipal corporation BY:� M yo CONSULTANT 2 :,.�� . - i(I 0 November 6, 1996 Revised November 14, 1996 City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659 -1768 Attention: Mr. Gail Pickart 0 1/,1 MOFFATTN& NICHOL Subject: Newport Boulevard and Pacific Coast Highway (SR55 /1) Interchange RE: Final Design Contract, Scope Modification No. 2 (Revised) CSDOC Sanitary Facilities Dear Gail, Based on our October 31, 1996 meeting with the Consolidated Sanitation Districts of Orange County ( CSDOC), we have prepared this proposal for the modification of our final design contract to include the preparation of Sanitary Sewer PS &E. .This proposal has been revised to include upsizing the replacement pipe to 21" and extending the relocation to Pacific Coast Highway. A. Sanitary Sewer Relocations & Adjustments 1. Relocate 15" gravity sewer main along Newport Boulevard/Old Newport Boulevard from Sta "AM" 36 + 40 to "A" 38 + 60 (Conflict Location 6) and Sta "O" 11 +10 to 10 +00. Please note this proposal does not include any relocation or modification of the sanitary sewer to accommodate the drainage box culvert being designed along Old Newport Boulevard by Caltrans District 12. 2. Modify valve & piping at Sta "AM" 34 + 10 (Conflict Location 7) 3. Provide sewer line encasement at Sta "AM" 36 + 30 (Conflict Location 5) 4. Raise sewer manhole at Sta `B" 5 + 75 (Conflict Location 4) 5. Provide checker plate curb and adjust sewer manhole at Sta "CCM" 225 + 20 (Conflict Location 3) 6. Adjust three manholes to grade at Sta "CST" 25 + 70 (Conflict Location 8) 415 North Vineyard Avenue, Suite 200, Ontario, California 91764 (909):391-0220 Fax(909)467-0178 LI Page Two City of Newport Beach November 6, 1996 Design Cost for sewer relocation along Old Newport Boulevard: 0 Sewer Plan & Profile 2 sht at 50 hrs /sht = 100 Sewer Details and Quantities 2 sht at 40 hrs /sht = 80 Specs, Quantity Calcs and Estimate 20 200 200 Ins at $90/hr = $18,000 B. Parallel Sewer Force Main ,/„ 1. Provide a secondary 24" sewer force main along Newport Boulevard from Sta "A" 31 + 40 to "AM" 34 + 30 Design cost for parallel sewer forced main: Sewer Plan & Profile 1 sht @ 50 hrs /sht = 50 Sewer Details and Quantities 1 sht @ 40 /sht = 40 Specs, Quantity Calcs and Estimates = 16 106 106 Ins at $90/hr = $9,540 Plans will be prepared in metric units to Caltrans standards and CSDOC requirements for inclusion in the PS &E for the interchange project. We request that the not -to- exceed limit of our current design contract be increased by $27,540 to include this additional work. Please call if you have any questions or need additional information. Sincerely, M FFFATT & NI/ /� O / A Michael A. Kraman, P.E. Project Manager Copy To: John C. Dettle at CSDOC r EXHIBIT A (SEE EXHIBIT C) EXHIBIT B U H _m S K W W W co (SEE EXHIBIT D) n m m x W W W y v • Alh � Wi ■ ■ ■ w • . w r V lJ I r!b 1 T n lq I f PROTECT EXISTING FORCE MAIN IN PLACE AND CONSTRUCT PARALLEL FORCE MAIN l / ]y I, } , 3 Lu f ,f I p j(1 : I 1' 1 1 I CITI OF NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 December 3,1999 Brutoco Engineering and Construction, Inc. P.O. Box 429 Fontana, CA 92334 Subject: Contract No. 2886 - Newport Boulevard (SR 55) /Pacific Coast Highway (SR 1) "Arches" Interchange Improvements On October 25, 1999, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on October 29, 1999 - Reference No. 19990759660. The Surety for the contract is Safeco Insurance Company of America and the bond number is 5854203. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lb cc: Public Works Department Gail Pickart, Project Manager Consultant encl. 3300 Newport Boulevard, Newport Beach 0 RECORDING REQUESTED BY ANDr. WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 W Recorded in the County of Orange, California Granville, Clerk /Recorder Il Il illllllUllllllllll llllllllllllllflllUlll!lllllll No Fee NOV -q 19990759660 09:00am 10/29/99 08O 1062912 12 16 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 OFFICE Cl:- +F CCTV ri cow CITY C.F jai C4 AUf " xempt from recording fees _ pursuant to Government Code Section 6103" I NOTICE OF COMPLETION / YAJ NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Brutoco Engineering and Construction, Inc., of Fontana, California, as Contractor, entered into a Contract on June 23, 1997. Said Contract set forth certain improvements, as follows: Newport Boulevard (SR55) /Pacific Coast Highway (SR1) "Arches" Interchange Improvements, C -2886 Work on said Contract was completed on October 22, 1999, and was found to be acceptable on October 25, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on L� L (�j7;� coq, �qq at Newport Beach, California. BY p City Clerk 0 r F i f EC' 1VE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: '99 ocT 29 All :40 City Clerk 33N wp �c �e1 �11�!h� LaERK Ni ., eac4'V1 3CN Recorded in the Cou* of Orange, California Gary L. Granvill /RecoNoeFee 19990759660 09:00am 10/29/99 005 12062912 12 19 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 CONFORMED COPY Not Compared with Original NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Brutoco Engineering and Construction, Inc., of Fontana, California, as Contractor, entered into a Contract on June 23, 1997. Said Contract set forth certain improvements, as follows: Newport Boulevard (SR55) /Pacific Coast Highway (SR1) "Arches" Interchange Improvements, C -2886 Work on said Contract was completed on October 22, 1999, and was found to be acceptable on October 25, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on c C�,�rf. ..... dee9, /9q' at Newport Beach, California. BY�'r71 City Clerk CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 29, 1999 Mr. Charlie W. Smith William Dale Young & Sons, Inc. 81910 Arus Avenue Indio, CA 92201 Dear Mr. Smith: Per your Civil Code 3185 request received on May 4, 1999, enclosed is a copy of the recorded Notice of Completion for the City's contract with Brutoco Engineering and Construction, Inc. for the Newport Boulevard (SR55) /Pacific Coast Highway (SR1) "Arches" Interchange Improvements. Additionally, a copy of the original Notice of Completion that is recorded by the Orange County Recorder's Office will also be sent to you once it is returned to our office. / Please call me at (949) 644 -3005 if you have any questions. �o% IL Sincerely, ` 5 q �v LaVonne M. Harkless, CMC /AAE City Clerk Attachment F: \Users \Clk \Shared \Bid Documents \Civil Code 3185 3300 Newport Boulevard, Newport Beach nu Recorded the Co of Orange, California L. 111NINNI I 1 1 .Re�oNo Fee RECORDING REQUESTED BY AND 19990759660 09; 00am 10/29/99 WHEN RECORDED RETURN TO: 005 12062812 12 10 W2 1 6.00 0.00 0.00 0.00 0.00 0.00 City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 CONFORMED COPY Not Compared with Original pursuant to Gdvemment Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Brutoco Engineering and Construction, Inc., of Fontana, California, as Contractor, entered into a Contract on June 23, 1997. Said Contract set forth certain improvements, as follows: Newport Boulevard (SR55)(Pacific Coast Highway (SR1) "Arches" Interchange Improvements, C -2886 Work on said Contract was completed on October 22, 1999, and was found to be acceptable on October 25, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on cQ r 0e9, ,qg 9 at Newport Beach, California. BY�lr�nnf City Clerk October 25, 1999 • i i OCT 25. CITY COUNCIL AGENDA APPROVED_ ITEM NO. 7 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: NEWPORT BOULEVARD (SR55) / PACIFIC COAST HIGHWAY (SR1) "ARCHES" INTERCHANGE IMPROVEMENTS, CONTRACT NO. 2886 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work and approve the As -Built Plans and Specifications. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. DISCUSSION: • On June 23, 1997, the City Council authorized the award of Newport Boulevard (SR55) /Pacific Coast Highway (SR1) "Arches" Interchange Improvements contract to Brutoco Engineering and Construction, Inc., of Fontana, California. The contract provided for a new grade separation bridge at Newport Boulevard and Pacific Coast Highway, widening of the Newport Channel bridge, street widening, ramp reconstruction, and interchange landscaping. Construction operations began in September 1997 and were substantially completed by the end of May 1999 when a formal dedication ceremony was conducted. The widening improvements at Newport Boulevard and Short Street were delayed until the Orange County Sanitation District's contractor, Advanco Constructors, removed the old Lido Sewage Pump Station in mid - September 1999. The contract has now been completed to the satisfaction of the Public Works Department and we recommend formal acceptance of the improvements by the City Council. A summary of the contract cost is as follows: Initial Award Amount: $11,933,916.50 Authorization for unforeseen work and changed circumstances 796,026.50 Budget Amendment on 5/11/98 2,206,438.78 Budget Amendment on 6/28/99 737,141.22 Budget Amendment on 9/27/99 26.477.00 Final contract authorization $15,700,000.00 is Actual Amount of Contract Bid Items Constructed $12,295,292.71 Amount of Contract Change Orders Constructed 3.397.061.88 Final contract cost $15,692,354.59 SUBJECT: NEWPORT BOVARD (SR55) /PACIFIC COAST HIGHWAYS 1) - ARCHES- INTERCHANGE IMPROVEMEN ONTRACT NO. 2886— COMPLETION AND ACCNWANCE October 25, 1999 Page 2 A total of 34 contract change orders were issued to complete the work. More than • $2,200,000 of the $3,397,061.88 contract change order total related to the addition of the reinforced concrete box (RCB) storm drainage culvert across Pacific Coast Highway and the associated water and sewer main relocation work. A listing of the most significant change order items 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 83,600.00 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 -tum phases 65,800.00 Earthwork quantity overrun 108,600.00 Traffic control modifications for public convenience and Channel Bridge retrofitting 79,000.00 Offsite 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 E3,031,200.00 Funds for the project were budgeted in the following accounts: Description Account No. Amount Federal ISTEA 7282- C5100199 $ 5,457,872.00 OCTA Measure M 7284- C5100199 1,499,380.37 CIOSA Loan 7432- C5100199 3,784,334.75 Contributions 7251- C5100199 3,561,811.00 1 Water Main Replacement 7501- C5500386 323,254.78 Traffic Signal Upgrade 7181- C5100068 65,855.00 Circulation and Transportation 7261- CS100199 999,846.69 TOTAL $15,692,354.59 (1) Hoag Hospital $440,000.00; Orange County Sanitation District $1,753,514.00; and Caltrans $1,368,297.00. Respectful itted PUBLIC WORKS ARTMENT Don Webb, Director - LS Gall Plckart, P.E. Project Manager Consultant MBS lZY&USa PBW% StorecNCOUNCILTyWWWOdober -25Wdm C-2885Ax E 0 MAY — 4 19 PUBLIC WORK STOP NOTICE LEGAL NOTICE WITHOLD CONSTRUCTION FUNDS , AND REQUEST FOR NOTICE OF FILING OF NOTICE OF ACCEPTANCE, COMPLETION, OR CESSATION CIVIL CODE 3185 TO: C/L� /or e t ww ,o�o�i�� �✓ PROJECT: A B /uGo� P S -3-1.5v An✓wrf-"e i �tyif�.Y� / C�a�9r� f /F Sk � !e. 90663 °F/i�a ✓!` tie/,. �. ' "TAKEN TICE THAT %/, D. Yz/n4 SoN S whose address is 8 /.g /Q Qr^416 Q&e =i o/.a moo. 9LLO/ has performed labor and furnished materials for a work of improvement described as follows: �rCH/e°.S �f°i .n.,r f A /r.� ��rci F c � � L f�L/S� ycl✓�brj'.�sc.l /. The labor arid materials furnished by claimant are of the following general kind: Palm trees. The labor and materials were furnished to or for the following party:__/',A The value of the whole amount of labor and materials agreed to be furnished is $ /Z Jr. 7/ �Z The value of the labor and materials furnished to date is $ 12 7Z /3, Claimant has been paid the sum of $ and there is due, owing and unpaid the sum of $ /Z, 9 O, Zl, together with interest at the rate of per annum from y- fr You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. You are also required to give Notice of Acceptance, Completion or Cessation to the undersigned as required by civil code 3185. Attached hereto is the $2.00 fee as required by Civil Code 3185 FIRM NAME: li L E � � b `o <t C- o 3000 �G I. the undersigned, say: W.D. Young & Sons 81-910 . . / Z VERIFICATION am lfr m�..fsllp-�o.%010* i���of the claimant of the foregoing Stop Notice; I have read said Stop - p Notice know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct Executed on %f,A/�at Indi 0 0 WILLIAM DALE YOUNG a SONS, INC. 91.119/122' 3144 81910 ARUS AVE. INDIO, CA 92201 760- 347 -7906 DATE - PAY TO THE OR ER OF �%LY (- ^'- /SC°lfi /1 s G • �� WELLS FARGO BANK FOR 1:L22101L9L1:3144 498L 03601SIll DOLLARS GENERAL ACCOUNT VOID AFTER 60 DAYS 0 CITY OF NEWPORT BEACH a° m ADMINISTRATIVE SERVICES V 2 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 C1ClF00.H`r RECEIVED BY: PERRY2 TODAY'S DATE: 05/04/99 02105812 CITY CLERK -SALE 0 CASH RECEIPT RECEIPT NUMBER: 02000201121 PAYOR: YOUNG, WILLIAM REGISTER DATE: 05/05/99 TIME: 16:16:20 $2.00 --------------- - TOTAL DUE: $2.00 CASH PAID CHECK PAID CHECK NO TENDERED CHANGE $.00 $2.00 3144 $2.00 $.00 STOP NOTICE FOR PUBLIC WORK Pt. 4 dinate to contractor's assignment of amount due him to another company. Los Angeles City School Dist. of Los Angeles County v. Tucker (1929) 278 P. 507, 99 C.A. 390, rehear- ing denied 279 P. 491. Materialmen giving notice of claims for ma- terials furnished for the construction of a § 3185 Note 2 building after the delivery of an order for payment to the contractor in accord with the terms of the contract, and after the same has been assigned to a bona fide purchaser for value, cannot enforce their claims against the owner of the building to the extent of such order. Long Beach School Dist. v. Lutge (1900) 62 P. 36, 129 C. 409. § 3185. Notice by public entity; time No later than 10 days after the filing of a notice of completion or after the cessation of labor has been deemed a completion of the public work or after the acceptance of completion, whichever is later, the public entity shall give notice of the expiration of such period to each stop notice claimant by personal service, or registered or certified mail. When service is by regis- tered or certified mail, service is complete at the time of the deposit of the registered or certified mail in a United States post office, addressed to the claimant at the address shown upon his stop notice claim. No such notice ,teed be given unless the claimant shall have paid to the public entity the sum ,of two dollars ($2) at the time of filing his stop notice. by Stats.1969, c. 1362, p. 2771, § 2, operative Jan. 1, 1971.) Historical and Statutory Notes Former § 3185, added by Stats.1917, c. 751, 1, relating to negotiable instruments, was pealed by Stats.1963, c. 819, § 2, eff. Jan. 1, 165. Similar provisions were enacted by ats.1963, c. 819, in Com.C. § 3508. Former § 3185, enacted 1872, relating to 'esentment of bills of exchange, was repealed F Stats.1917, c. 951, § 1. Derivation: C.C.P. former § 1192.1, added I Stats, 1951, c. t159, p. 2948, § 1, amended by Slats.1955, c. 945, p. 1830, § 1; Stats.1963, c. 1176, p. 2671, § 1; Stats.1967, c. 891, p. 2337, § 1; Stats.1968, c. 1298, p. 2445, § 1, operative Jan. 1, 1970. C.C.P. former § 1184e, added by Stats.1943, c. 139, p. 1035, § 1, amended by Stats.1949, c. 476, p. 824, § 1. Cross References tied mail as compliance with mailing requirements, see § 17. Cant, see § 3085. :e of completion, see § 3093. c entity, see § 3099. notice, see § 3103. Notes of Decisions to give notice 2 igs 3 entities required to give notice 1 Hit entities required to give notice rtment of Water Resources was ve- to give to sub - subcontractor notice of ion of period for filing stop notice to .d funds otherwise payable to prime tor; sub - subcontractor timely requested of expiration of stop notice period and e required fee. J. H. Thompson Corp. v. DC Contractors (App. 2 Dist.1992) 7 Cal. Rptr.2d 604, 4 Cal.App.4th 1355. 2. Failure to give notice Department of Water Resources' failure to give to sub- subcontractor requested notice of expiration of period for filing stop notice to withhold funds payable to prime contractor estopped Department and prime contractor from asserting bar of limitations, if sub -sub. contractor proved elements of estoppel. J.H. Thompson Corp. v. DC Contractors (App. 2 Dist.1992) 7 Cal.Rptr.2d 604, 4 Ca1.App.4th 1355. 451 § 3185 Note 3 3. Pleadings One seeking recovery against public employ- ee must allege in his complaint that he has complied with claim statutes in order to state ETIT-ITTIM Div. cause of action. C. A. Magistretti Co. Merced Irr. Dist. (1972) 103 Cal.Rptr. 555, C.A.3d 270. § 3186. Withholding of money or bonds by public entity It shall be the duty of the public entity, upon receipt of a stop notice pursuant to this chapter, to withhold from the original contractor, or from any person acting under his authority, money or bonds (where bonds are to be issued in payment for the work of improyement) due or to become due to such contractor in an amount sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder. (Added by Stats.1969, c. 1362, p. 2772, § 2, operative Jan. 1, 1971.) Historical and Statutory Notes Former § 3186, added by Stats.1917, c. 751, § 1, relating to negotiable instruments, was repealed by Stats.1963, c. 819, § 2, eff. Jan. 1, 1965. Similar provisions were enacted by Stats.1963, c. 819, in Com.C. § 3508. Former § 3186, enacted 1872, amended by Code Am. 1873 -74, c. 612, § 273, relating to presentment of a bill of exchange for accep- tance, was repealed by Stats.1917, c. 751, § 1. Derivation: C.C.P. former § 1190.1, added by Stats.1951, c. 1159, p. 2946, § 1, amended by Stats.1951, c. 1382, p. 3303, § 1; Stats.1957, c. 1833, p. 3230, § l; Stats.1961, c. 72, p. 1047, § 5; Stats.1961, c. 804, p. 2072, § 4; Stats.1963, c. 298, p. 1066, § 2; Stats. 1967, c. 789, p. 2177, § 1. C.C.P. former § 1184, enacted in 1872, amended by Stats.1885, c. 152, p. 144, § 2; Stats.1887, c. 137, p. 153, § 2; Stats.1911, c. 681, p. 1315, § 2; Stats.1919, c. 277, p. 452, § 1; Stats.1921, c. 144, p. 144, § 1; Stats.1931, c. 830, p. 1713, § 1. Cross References Pro rata distribution of money, see § 3190. Public entity, see § 3099. Similar provision, private works, see § 3162. Notes of Decisions Estates 3 Mechanics' liens 2 Money or bonds withheld, generally 1 Payment of money withheld 4 Standing 3 1. Money or bonds withheld, generally Funds withheld from contractor by public agency under Gov.C. § 14402 concerning prog- ress payments and Gov.C. § 14376 relating to delay in completion of contract are not subject to stop notice of supplier or subcontractor when cost of completion exceeds original con- tract price and consumes all retained funds. Harsco Corp. v. Department of Public Works (1971) 98 Cal.Rptr. 337, 21 C.A.3d 272. The giving of notice to the owner of a non - lienable building, of the furnishing of materi- als to the contractor, whereupon the owner is to withhold sufficient "money due or that may become due," to answer such claim, gives no right, the contractor having abandoned the work, and the owner completing it, as permit. ted by the contract, at an expense, to be "de- ducted from said contract price," greater than the unpaid portion. Dorris v. Alturas School District of Nlodoc County (1914) 142 P. 795, 25 C.A. 30. 2. Mechanics liens Mechanics' lien law did not authorize hous- ing authority to withhold from state treasurer money not paid to contractor which had failed to pay wage rates required by labor code for public works contracts. Priest v. Housing Au- thority of City of Oxnard (1969) 80 Cal.Rptr. 145, 275 C.A.2d 751. 3. Estates A school district may withhold from a con- tractor's executrix sufficient money to cover claims filed by materialmen previous to execu- trix's demand for payment. Sweeney v. Board of Trustees of Auburn School Dist. of City of 52 STOP MOTH Pt. 4 Auburn, Placer C.A. 331. , 4. Payment of Where munici payable to a ba provement cony, were given, the . no personai inter lorable claim to the notices, and not compel paym trustee. In re C After contracto and suppliers ai filed. contractor f claims from city, tractor, or from absolute duty to i stop notice claim. laus Pump, Mach: Modesto (App. 5 200 C.A.3d 1442. § 3187. Pa• This chapte: the original cc disbursing off check, bonds, assienee of ar. the total amol. payment plus in connection (Added by Stao Former § 3187 § I, relating to repealed by Stats 1965. Similar Stats.1963, c. 819 Former § 318' presentment of . tance, was repea. Derivation: C. by Stats.1951, c. Assignment of [h Contractor defim Contractors, etas. Original contract Payment of ctair. Transfer of thin, May 6, 1999 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Mr. Charlie W. Smith William Dale Young & Sons, Inc. 81910 Arus Avenue Indio, CA 92201 Dear Mr. Smith: Enclosed please find a cash receipt in the amount of $2 for your Civil Code 3185 request received on May 4, 1999. Be advised that the acceptance date for the Arches Interchange project (C -2886) is unknown as of yet but we will be forwarding you a copy of the Notice of Completion once it is approved by the Newport Beach City Council. Additionally, a copy of the Notice of Completion that is recorded by the Orange County Recorder's Office will also be sent to you once it is returned to our office. Please call me at (949) 644 -3006 if you have any questions Sincerely, � rr LaVonne M. Harkless, CMC /AAE City Clerk Attachment FAUsers \Cik \Shared \Bid Documents \Civil Cade 3185 3300 Newport Boulevard, Newport Beach . , ,. . 0 ?�`x'PORr CITY OF NEWPORT BEACH o e ADMINISTRATIVE SERVICES 3 S 330ONEWPORTBLVD °i P.O. BOX 1768, NEWPORT BEACH, CA 92638.8913 RECEIVED BY: PERRY2 TODAY'S DATE: 05/04/99 02105812 CITY CLERK -SALE 0 CASH RECEIPT RECEIPT NUMBER: 02000201121 PAYOR: YOUNG, WILLIAM REGISTER DATE: 05/05/99 TIME: 16:16:20 $2.00 --------------- - TOTAL DUE: $2.00 CASH PAID CHECK PAID CHECK NO TENDERED CHANGE $.00 $2.00 3144 $2.00 $.00 Ir -I LJ 0 December 8, 1997 CITY COUNCIL AGENDA ITEM NO. 8 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT k 81997 SUBJECT: NEWPORT BOULEVARD AND COAST HIC.�tHWAY "ARCHES INTERCHANGE IMPROVEMENTS - CONTRACT NO: �2$$6..__ _. RECOMMENDATION: Adopt the following findings to permit the prime contractor for this project, Brutoco Engineering and Construction, Inc., to designate Simich Construction Company, Inc., as the subcontractor for sanitary sewer work, and determine that Brutoco may designate Simich without penalty. FINDINGS: 1. On June 23, 1997 the City Council determined that Brutoco Engineering and Construction, Inc., was the lowest responsible bidder on Contract No. 2886 and awarded the prime contract for the project to Brutoco. 2. A substantial and important portion of the project consists of sanitary sewer work, which requires specialized equipment, facilities and expertise to construct. 3. Brutoco has neither the specialized equipment, facilities, or expertise to construct the sanitary sewer work. 4. Brutoco could not obtain subquotes for the sanitary sewer portion of the contract work during the bid period. 5. Brutoco has now offered for the City Council's approval Simich Construction Company, Inc., a sanitary sewer construction firm that has the specialized equipment, facilities and expertise to construct the sanitary sewer portion of the work. 6. Inasmuch as there is no apparent attempt by Brutoco to circumvent State law pertaining to public bidding and there is a public necessity to construct the sanitary sewer portion of the contract work with specialized equipment, facilities and expertise, Brutoco, as prime contractor, may designate Simich as subcontractor for the sanitary sewer portion of the contract without penalty. DISCUSSION: On June 10, 1997, the City Clerk opened and read four bids to construct this project. The City Council subsequently awarded the contract. to the lowest responsible bidder, Brutoco Engineering and Construction, Inc., during it's meeting of June 23, 1997. State law requires that prime contractors shall designate their subcontractors (firms that • will perform work valued at more than 1 /x% of the award amount, which is approximately $60,000 in this project) in their bid documents. Inasmuch as Brutoco failed to list a subcontractor to construct the sanitary sewer portion of the project (see attached Designation of Subcontractor(s) form), the law assumes that Brutoco possesses the SUBJECT: NEWPORTSULEVARD AND PACIFIC COAST HIGIOY "ARCHES" INTERCHANM.E IMPROVEMENTS - CONTRACT NO. 2886 December 8, 1997 Page 2 specialized equipment, facilities and expertise to construct the sanitary sewer work with • its own forces. During bidding, Brutoco apparently attempted to obtain subquotes from the industry to construct the sanitary sewer work, estimated at approximately 10% of the award amount. By letter (copy attached), Brutoco claims that it was unsuccessful in obtaining a subquote for the sewer work. Further, Brutoco states that it has not constructed sewer work of the degree of difficulty required by this contract, nor has it constructed any sewer force main work with its own forces. Accordingly, Brutoco feels that their past sewer experience may not qualify it as a competent company to accomplish the sewer portion of the project. Brutoco has now put forth a highly qualified sewer specialty contractor, and is requesting that the City Council approve the designation of Simich Construction the sewer subcontractor for this project. The State's Public Contract Code provides that a prime contractor may designate a subcontractor after the original bid only after a finding reduced to writing as a public record of the awarding authority setting forth the facts constituting a public emergency or necessity. Moreover, the Code states that the awarding authority may exercise the option, in its own discretion, of assessing the prime contractor a penalty for violations of the provisions of subcontract law in an amount of not more than 10 percent of the amount of the subcontract involved. The intent of State law requiring that prime contractors designate subcontractors in their bid submittal is to protect the integrity of the construction industry and the public bidding process by eliminating the possibility that a low bid prime contractor would "bid shop" for subcontractors after their bid had been opened. The sanitary sewer construction portion of the City's contract will be performed on a system that is owned and operated by the County Sanitation Districts of Orange County ( CSDOC). The City is constructing CSDOC's work under the terms of a Cooperation and Reimbursement Agreement that was approved by the City Council on February 10, 1997. By letter (copy attached), CSDOC fully supports Brutoco's request to designate an experienced subcontractor for the sanitary sewer portion of the contract. CSDOC sites that the sewer work must be completed to maintain sewage flows during construction; that a portion of the work is as much as 28 feet deep; that it will be done under the effect of tidal water; and that naturally occurring methane gas may be encountered in the soil. Accordingly, CSDOC requests that the City consider Simich as an acceptable sewer contractor in lieu of Brutoco. Brutoco Engineering and Construction, Inc. does not have the specialized equipment, facilities, and expertise to construct the required sanitary sewer work. There is a public necessity to complete the construction of the Newport Boulevard and Coast Highway "Arches," Interchange project in a timely period that precludes an attempt to rebid the i SUBJECT: NEWPORT EVARD AND PACIFIC COAST HIGHV* "ARCHES- INTERCHANGE IMPROVEMENiiSS CONTRACT NO. 2886 December 8, 1997 Page 3 • sewer portion of the contract. It appears that it is clearly in the public interest to allow Brutoco, as prime contractor, to add Simich as a subcontractor to construct the sanitary sewer portion of the project. In the absence of any factors that would indicate irregularities in the bidding process related to designating subcontractors, it is recommended that no penalty be assessed. The findings recommended for adoption are supported by the information contained in this report. Re tffullly/ssuubmmittted, PUB IC DEPARTMENT Don Webb, Director Llo Dalton, Manager Pr eject Attachments: Designation of Subcontractor(s) form Brutoco letter of September 15, 1997 CSDOC letter of September 17, 1997 0 \ \dp \sys\ groups\ pubworks \9B- counc \dec-B \arches.doc 5/9] Page 3 DESIGNATION OF SUBCONTRACTORS) • State law requires the listing of all subcontractors who will perform work in an amount in L excess of one -half of one percent of the Contractors total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any moneys to be withheld to endure performance under the Contract. The Bidder, by signing this designation, certi9es'that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used v sub }ect to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address ;I i "r,c Cb(;L ?Dr,nac 1. � I ✓j -o i� ir.�Il .r't'r�ir.: �i )'I ]!. ,;� i { >. }:_'.i i 2- 3. l)L:yiEn:3,c,I, 4. 5 n G C� cz ( ' 7. I �-- l ��;,r�i;��is ��ii QriC�.;�YC� rte. _ f 8. Ilt�>Lt�C��i�CIPt[�t� /l���C� ,l'1 ��,. -,'-`� f't.t)�pv,'C 9. ` ci - 12. I\GnrT. C(Cr�f lT �.�cl nRUTOCO ENG. & CONST., INC. Bidder Authorized Signa rUe • MICHAEL H. ' NG - PRESIDENT a 5/9] Page 3 `i DESIGNATION OF SUBCONTRACTOR(S,� State law requires the listing of all subcontractors who will perform work in an amount in L excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law L Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any moneys to be withheld to endure performance under the Contract. L The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except vAth prior approval of the City of Newport Beach. Subcon race LVork Subcontractor Address 2. C. 3. 4. 5. 6. 7. I 8. 9. 10. 11. 12. BRUTOCO ENG. d CONS'1'. Bidder Authorized Signature/ a MICHAEL FI. KING - PRESIDENT 5/97 E,YGINEERING & CONSTRUCTION, INC. September 15, 1997 City of Newport Beach 3300 Newport Blvd. Nax+pnrt Bach, CA 026Z0 Atte tin Clauson Ref,rwu 1 1— vport Arches, BEC Job 311 ., Iitract C2885 Pexs+sni to our telephone conger °°t'on of this a.m. regarding Bnitoco's proposed sub(: r.tract to Simich Construction for sewer portions of the project anc my request to the City to approve said subcontract is submit the following. Section 4109 or the Government code allows subcontracting of portions of the work in excess of one. -half of one percent - "�- " w we r acne CuiiiraOtof s total bid, for which no subcontractor was designated in the original bid, in cases of necessity. Brutoco Engineering & Cons;nlc ',1, inn hFlra with puts forth tho following p.5ini..,a��� !ing th.: opinion, t'at u,e — 's appr -V-i of Brutoco's subcontracting this work is indwd a nooeooity. City did provide Prime Contract-cm with a less than what would typically be considered adequate time period for contractors to <,btain plans & specifications; examines the work, obtain subquote; ar,c r8simiiate a proper bid. The project was first advertisea in the Dodge Green Sheet, the most pop!jlar construction trade paper for L;ublfr. work cont-n.r aing, on May 19, 1997. The project nid on June 10, 1997. The above resulted in a total advertisement period of only 21 calendar days which is far less than standard for a protect of such mannifi lrip and COrnp' --ti Brutoco Engineering & Construction, Inc. vigorously endeavored to contact sewer specialty subcontractors so that Brutoco could of tain competitive subquotes for the sewer work. Brutoco has submitted evidence of such efforts. 3. Despite Brutoco's efforts no subquotes were obtained from sewer specialty SiiiJt:V niraciors. P.O. BOX 429, FONTANA, CALIFORNIA 92334 • (909) 350.3535 • LICENSI3 NO. A- 247770 1] 11 0 0 4. Brutoco did prepare an estimate for the sewer work Lase upon doing the work with its own forces. Never the less the fact remains that Brutoco has • not constructed sewer work of this degree of difficulty nor any sewer force main work. 5. Brutoco did submit a proposal to the City which contained Brutoco's estimate for the sewer work. The City found Brutoco's bid to 1:,� the low responsible offer and awarded the contract to Brutoco. 3. Aft., the bid review of the complexities of the sewer v ork and the difficulties � - 'o the locality of the construction have made it ap,,:rarent that Brutoco ccla;neering & Construction, Inc: s past sewer experie 'lce may not qualify it Ws .a competent company to accomplish the sewer wc;'k. Brt:tnrn now pv.^ `?r 7 a ; rgt,ly qua.iried sewer specialty contrar,vi, 1`cr;struct n, which Brutoco wishes to subcontract the sewer portions of th;, . wnrk in. ci!'.'.10� ",a:� ;.;;i,y yoa,s of exoenence m the construction of force main sewers, the maintenance of sever flaws Juring tie -ins and 'below groundwater pipeline work. The possibility of sewer spills and /or disruption of sewer serviU .s greatly iessered by S'mich doing the Nork. 4epresr:ntz,t p?s of th,;'Orange County Sanitation CAM -,ict h5%te exKressed that they would prefer that the subject work be done b-� Simich as opposed to Brutoco. Inc ^n -ib.: atior; yr '_he above and the realization that the construction of a force main sewer handling 24 hour per day flow from the subject area of the City & mands the highest available level of expertise a cc— no-T-i c, argument that the subcontracting of the subject work to a specialty, experienced sewer contractor is a necessity, is confirmed Please contact myself on the above. Sincerely, BRUTOCO ENGINEERING & CONSTRUCTION, INC. Michael H. King President ne. -Kfi=- cc: Lloyd Dalton Dave Wanderling COUNTYWNITATION DISTRICTS OF OROGE COUNTY, CALIFORNIA September 17, 1997 Lloyd Dalton, Project Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 SUBJECT: Newport Boulevard Widening /Arches Project CSDOC Contract No. 5-41 This is in response to a letter addressed to Bob Chenowith of this agency dated September 16, 1997 from your contractor, Brutoco regarding the subject contract. ember This agency is very concerned that the bid that Brutoco submitted did not list any encies 6 specific sewer subcontractor. It is clear that Brutoco has never done any work on force main sewers and has very little, if any, experience on larger diameter gravity Cities flow sanitary sewers. Brea It is in the best interest of County Sanitation Districts of Orange County that an Ana Park Cypress experienced contractor perform the sewer and force main construction. This work in Valley has to be completed before the highway or bridge widening project is completed to ( ertoBeach Beach maintain essential sewage flows during construction. The installation of both gravity Irvine flow trunk sewers and force main sewers in this area requires experienced i H Palma Habra a contractors to provide a satisfacto ry product to CSDOC at the end of the job. There 4lamitos is a section of pipe that is approximately 28 feet deep. It is in the same area where 4Beach tidal influence can affect the groundwater and where there is naturally occurring "- 0cange ?lacentia methane gas in the soil. Also, our existing force main goes underneath the channel Ihta Ana between Pacific Coast Highway and the rest of the Balboa Peninsula. The it Beach `'Stanton combination of factors causes this area to be very sensitive, and potentially .CTus�n dangerous. This agency has determined that Simich Construction Company, Inc. is an "ge acceptable sewer contractor and requests the city consider Simich be allowed to subcontract to Brutoco. If you have any questions, please contact Ica Chuck Winsor at (714) 962 411, extension 5052. lesa rove city icts hy,.... Douglas M tewart, P.E. rnoh Engineering Manager mf DMS \CFW: r H: \wp.dta \en9\ENM5-41\City of NP.Rr.doc A Public Wastewater and Environmental Manaqement Acencv Committed to Protecting the Environment Since 1954 • \August 11, 1997 " 1997 CITY COUNCIL AGENDA M OVED _� ITEM NO. y TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: NEWPORT BOULEVARD AND COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 RECOMMENDATION: Adopt the following findings of public necessity to allow the prime contractor for this project, Brutoco Engineering and Construction, Inc., to designate Coreslab as precast concrete slab subcontractor and determine that Brutoco should of necessity be permitted to designate Coreslab as a subcontractor without penalty. FINDINGS: 1. The prime contractor, Brutoco Engineering and Construction, Inc., has been awarded Contract No. 2886 as the lowest responsible bidder. 2. A portion of the project requires that precast concrete slabs be specially -made, transported and installed for widening the westerly side of the Newport Channel bridge, which is an integral element of the project. 3. The precast concrete slabs require specialized equipment, facilities and expertise to construct, transport and erect. 4. Brutoco does not have the specialized equipment, facilities nor expertise to provide the precast concrete slab work. 5. There is a public necessity to allow Brutoco, as prime contractor, to add Coreslab as a subcontractor to provide the precast concrete slab work for the project. 6. No penalty should be imposed. DISCUSSION: On June 10, 1997, the City Clerk opened and read four bids to construct this project. The contract was subsequently awarded to the low bidder, Brutoco Engineering and Construction, Inc., at the City Council's meeting of June 23, 1997. State law requires that prime contractors shall designate their subcontractors (firms that will perform work valued at more than 1/2% of the award amount, which is approximately $60,000 in this project), in their bid documents. Brutoco failed to list one of their intended subcontracting firms, Coreslab, in their DESIGNATION OF SUBCONTRACTOR(S) form (copy attached). During bidding, Coreslab and three other firms tendered subbid quotes to Brutoco to construct, transport and erect precast concrete slabs for widening the westerly side of Newport Channel bridge. Coreslab's subbid quote was $270,000. By letter (copy attached), Brutoco is requesting that the City allow Coreslab to now be added as a precast concrete slab subcontractor since Brutoco does not have the expertise nor facilities to perform this type of . work. The State's Public Contract Code provides that a prime contractor may designate a subcontractor after the original bid only after a finding reduced to writing as a public record of t _ SUBJECT: NEWPORTfULEVARD AND PACIFIC COAST HIGOY "ARCHES" INTERCHANGE IMPROVENfENNTS -CONTRACT NO. 2886 August 11, 1997 Page 2 the awarding authority setting forth the facts constituting a public emergency or necessity. Moreover, the Code states that the awarding authority may exercise the option, in its own discretion, of assessing the prime contractor a penalty for violations of the provisions of subcontract law in an amount of not more than 10 percent of the amount of the subcontract involved. The intent of State law requiring that prime contractors designate subcontractors in their bid submittal is to protect the integrity of the construction industry and the public bidding process by eliminating the possibility that a low bid prime contractor would "bid shop" for subcontractors after bid had been opened. The Newport Channel bridge widening requires that precast concrete slabs be fabricated and installed to complete the bridge. The fabrication of these precast concrete slabs requires specialized equipment, facilities and expertise to construct, transport and erect. Brutoco Engineering and Construction, Inc. does not have the specialized equipment, facilities, and expertise to fabricate and transport and erect the required precast concrete slabs. There is a public necessity to complete the construction of the Newport Boulevard and Coast Highway "Arches," Interchange project in a timely period that precludes rebidding the contract, and it is in the best public interest to allow Brutoco, as prime contractor, to add Coreslab as a subcontractor to provide the precast concrete slab work for the project. Brutoco has indicated that Coreslab was inadvertently left off of the subcontractor list. There is • no indication that this omission was anything other than a last minute oversight in preparing a very complex bid. In the absence of any factors that would indicate irregularities in the bidding process related to designating sub contractors, it is recommended that no penalty be assessed. The findings recommended for adoption are supported by the information in this report. RespeUWRKb itted, PUBLIDEPARTMENT Don Webb, Director by: 548iii Lloyd alton, P.E. Project Manager Attachments: Designation of Subcontractor(s) form Brutoco letter of July 30, 1997 0 DESIGNATION OF SUBCONTRACTOR(S) Page 3 State law requires the listing of all subcontractors who will perform work in an amount in L excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work_ Substitution of subcontractors shall be made only in accordance with State law Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any moneys to be withheld to endure performance under the Contract. L The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used I subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. 5 /9l Subcontract Work Subcontractor Address } I�nI <. U 2. 3. 4. '- u fh 13k---( 5 f'. 1. (;-,;; -�� „ 'lie �l k_ s. s- �,;;�':) ' � 7. 8. I' TLtI�ttlCf tf IVlC.I6ff _ I ff ' �0 12. IJQnrlcrrrY _ BRUTOCO ENG. & CONST., INC. Bidder Authored Sign a itie MICHAEL H. NG - PRESIDENT 5 /9l hW Page 3 L_ DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law L Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any moneys to be withheld to endure performance under the Contract. L The Bidder, by signing this designation, certifies that bids from the following subcontractors { have been used in formulating the bid for the project and that these subcontractors will be used L subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. L Subcontract Work Subcontractor Address hTIT, 2. =1S.ir L 3. 4. 5. 6. 7. e. s. 10. 11. 12. BRUTOCO ENG. 6 CONST INC. Bidder 5/91 e T(7m i Authorized Signature MICHAEL H. KING - PRESIDENT r1 LJ a O F!bu; 9i 11 cll 11:57 FdA U09 822 3tl51 liHCl'UCU li1G. l ' ENGINEERING G CONSTRUCTION, INC. ` *�y.CAtkIVE�`'� July 30, 1997 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 Attention: Lloyd Dalton Reference: Arches Project BEC Job No. 311 - Newport Arches Dear Mr. Dalton: Brutoco Engineering & Construction. Inc. is requesting your p .rmission to add Coreslab as a subcontractor on the above referenced project. Due to the last minute • hectic nature of the bidding process; Coreslab was inadvertently left off of our List of Subcontractors submitted at bid time. Due to the nature of this type of precast construction Brutocc does not have the expertise or facilities to perform this type of work. Please consider c.lr request to add Coreslab as a subcontractor. We will be waiting for your reply. As always do not hesitate to call me if you have any questions. Sincerely, BRUTOCO ENvINE ING & CONSTRUCTION, INC. Brad Austin BA/kms 0 P.O. BOX 429, FONTANA, CALIFORNIA 92334 • (909) 3503535 • UC!: NSE NO. A- 247770 wi OU1 4 JUN 2 31997 ! 1 June 23, 1997 V TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT CITY COUNCIL AGENDA ITEM NO. 1 4 SUBJECT: NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 RECOMMENDATIONS: Award Contract No. 2886 to Brutoco Engineering and Construction, Inc., for the 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 -711 provide for construction management, inspection, surveying and materials testing, and authorize the Mayor and the City Clerk to execute the agreement. z 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 Caltrans ' P 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 wdf h 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 0 paid by Hoag Hospital SUBJECT: NEWPORT WILEVARD AND PACIFIC COAST HIGH! - ARCHES" INTERCHANZF, IMPROVEMENTS - CONTRACT NO. 2886 June 23, 1997 r Page 2 DISCUSSION: I. Award Construction Contract At 11:00 a.m. on June 10, 1997, the City Clerk opened and read the following total bid amounts for this project: Bidder Total Bid Amount Low Brutoco Engineering & Construction, Inc. $11,953,015.00* #2 MCM Construction, Inc. $12,978,580.00 ** #3 Aman Environmental Construction, Inc. $13,075,468.50 * ** #4 Griffith Company $13,701,306.00 * corrected Total Bid Amount is $11,933,916.50 ** corrected Total Bid Amount is $13,111,078.00 (now the #3 bidder) * ** corrected Total Bid Amount is $13,102,059.50 (now the #2 bidder) The low bid is 8% below the revised Engineer's Estimate of $13,000,000. The low bidder, Brutoco Engineering and Construction, Inc., is a well - qualified general engineering contractor who possesses a Class A contractors license and has satisfactorily performed contracts of a similar nature for other southern California agencies. This is the firm that constructed the Newport Boulevard widening from 32nd Street to Coast Highway in 1990. The Arches Interchange project will provide a new gateway to Newport Beach in addition to a new entrance to the Balboa Peninsula. The Newport Boulevard bridge over Coast Highway will be removed and reconstructed to provide a modern structure with adequate lane widths, sidewalks that will accommodate bicycles, a median and merging lanes to accommodate free traffic flow from the ramps. In addition, the new bridge railings will allow a better view of the bay. A landscaping theme using Washington Robusta Palms, Bougainvillea, vine covered walls, and median plantings will welcome motorists to the City. The westerly side of the Newport Channel bridge will also be widened to accommodate the added merging lane and wider sidewalks. Roadway improvements, including storm drains, retaining walls, sound walls, sidewalks, street lighting, medians, irrigation systems, and landscape improvements, will be constructed between Short Street/Via Lido and Hospital Road. Approximately 9% of the contract amount ($1,106,621.00) is sewer work that will be performed by the City for the County Sanitation Districts of Orange County under a 9 WOJBJECT: NEWPORT WEVARD AND PACIFIC COAST HIGI* - ARCHES" INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 Juge 23, 1997 Page 3 previously- approved reimbursement agreement. The agreement agrees to reimburse the City for up to $397,540.00 to pay for both sewer force main and gravity sewer main work requested by Sanitation Districts 5 and 6. After executing the agreement, the Districts increased the scope of sewer work to be done under this contract and an additional $709,081.00 will be needed to complete the work. 'The Sanitation Districts' staff will take a request for additional funds to their boards and a revised agreement will be processed to cover the increased expenditure later this summer. The sewer items will not be constructed until fall and if for some reason the Sanitation Districts decide not to construct the desired sewer work by September 1, then it will deleted from the contract. Plans, specifications, and the Engineer's Estimate were prepared under the direction of Moffat & Nichol Engineers (M &NE), with Lynn Capouya, Inc., providing landscape architecture services and Psomas & Associates providing surveying services as subconsultants to M &NE. Geotechnical exploration, testing, and engineering was performed under direct contract with the City by Law /Crandall, Inc. Caltrans has issued an encroachment permit, and as an agent for FHWA authorized the City to award and proceed with the construction contract. California Coastal Commission, Santa Ana Regional Water Quality Control Board, U. S. Coast Guard, and Corps of Engineers permits have been granted permits for the project. It is recommended that an account be established to pay for unforeseen work, unanticipated field conditions that change the elements of the construction contract and for partnering sessions, to build a team relationship between the contractor, his major subcontractors, the design engineer, the construction manager, Orange County Sanitation District personnel, Caltrans representatives, and City staff in the amount of $800,026.50. This figure is 6.7% of the total contract amount. Attached for reference is a summary of change orders processed on the last four large road construction projects. The percentage of total contract amount for the change orders ranged from 6.1% to 9.1% with a combined total of 6.87 %. One of the four projects included the widening of the Newport Channel bridge. The Arches Interchange project includes a considerable amount of underground utility work and this is the element where unknown conditions requiring extra work are most apt to occur, particularly when the water table is high and dewatering will be required. Both bridges are complex structures that have to be built without substantially interrupting traffic. Based on past experience with projects similar to this one, it can be anticipated that extra work in the 6% to 7% range will be needed. 0 SUBJECT: NEWPORT IRLEVARD AND PACIFIC COAST HIGH `ARCHES" INTERCHAN%E IMPROVEMENTS - CONTRACT NO. 2886 June 23, 1997 Page 4 It Preconstruction and partnering meetings will be held, and mobilization and construction that will not interfere with traffic flow will commence after the contracts are executed. Other work that would interfere with traffic flow will not begin until after Labor Day. The contract documents allow the Contractor 350 working days (approximately 16 months) to complete the project. This does not include the additional days granted because of extra work, inclement weather, etc. All work, except for the one -year plant establishment work, is anticipated to be completed the end of March 1999. The project will be constructed in phases so that Coast Highway and Newport Boulevard will have 2 lanes of traffic in each direction of travel during the hours of peak traffic flow. Due to the nearby residences and Hoag Hospital, most of the work will be performed between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and Saturdays; however, in the interest of public safety because of necessity, some of the work must be performed during nighttime hours. Examples of those items of work are: 1. Constructing sewer and water main crossings of Pacific Coast Highway 2. Installing and removing falsework across Pacific Coast Highway during two phases of bridge construction 3. Removing the existing "Arches" bridge 4. Placing certain piles for the Newport Boulevard bridge widening 5. Constructing a pile cap for the Newport Boulevard bridge widening 6. Setting up and removing traffic detours for the work listed above 7. Relocating overhead power, telephone and cable wires along Newport Boulevard (Southern California Edison /Pac Bell work) In addition to the construction contract with Brutoco Engineering and Construction, Inc., the following costs are needed to complete the project construction: ITEM" DESCRIPTION OF SERVICES AMOUNT Supplemental work unforeseen work & changed conditions $ 800,026.50 MK Centennial construction management 928,014.00 Moffatt & Nichol design engineering 292,730.00 Law Crandall geotechnical engineering 53,213.00 Gail Pickart project management 49,500.00 TOTAL $2,123,483.50 see following discussions At the May 12, 1997, City Council meeting, staff was directed to add a incentive /disincentive provision to the contract that would require the contractors to provide bids for four separate completion times. This proposal was reviewed with Caltrans, the Federal Highway Administration (FHWA) and contractors. Caltrans and t IWBJECT: NEWPORT OLEVARD AND PACIFIC COAST HIGH* "ARCHES" INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 Jurie 23, 1997 Page 5 FHWA both were reluctant to allow the incentive /disincentive provision as proposed. At a prebid meeting with prospective contractors, it was pointed out that four separate bids would be required by each contractor and that we would have to allow at least 2 -3 more weeks to bid the project. It was also pointed out that other contracts would be under construction concurrently with the Arches project that could potentially delay the project. This would be outside the contractor's control and the City could end up paying a bonus for early completion even though the project was delayed and not completed on time. Staff determined that the proposed incentive /disincentive provision was not feasible and did not add the proposal to the contract. This information was given to the Public Works Committee and communicated to the City Council via the newsletter. The liquidated damages for failing to complete the work on time was increased from $1,000.00 to $3,000.00 per day as an extra incentive to complete the project on time. II. Approve a Professional Services Agreement with MK- Centennial Last January, staff requested 15 civil engineering firms to submit qualifications to provide construction management (CM) services for the second segment of the MacArthur Boulevard widening, the Birch Street bridge widening project, and the Arches project. Upon receipt of 7 responses from qualified firms, staff invited them all to interview with a panel of three City staff members and a Senior Transportation Engineer from Caltrans District 12. The interviews were held and ranking lists were developed for each project. The top - ranked firm for the Arches project was MK- Centennial (MK), .a Morrison Knudsen company with a local office in Irvine. MK is a nationally known CM firm that has extensive CM experience with similar bridge projects. MK has proposed to provide most of the CM services needed to complete the project over a period of 18 months. Their fees will be as follows (see attached sheet): I. DIRECT SALARY COSTS $830,080 II. OTHER COSTS $5,000 III. SUBCONTRACTOR'S COSTS (surveying & testing) $92,934 Total Amount $928,014 MK's scope of work includes providing resident engineer, bridge engineer and inspection services with an average of four full time MK employees with a number of other staff members on an as needed basis, and subcontracting other services with Psomas & Associates (right -of -way surveys, construction staking, control staking, & documentation of surveys per Caltrans standards) and with Geobase, Inc. (construction materials lab testing). MK will also video tape the project; prepare and distribute a 0 SUBJECT: NEWPORT WEVARD AND PACIFIC COAST HIGFW "ARCHES" INTERCHANyE IMPROVEMENTS • CONTRACT NO. 2886 June 23, 1997 t Page 6 monthly newsletter and media notifications; meet with residents, businessmen, and community groups as needed; and provide an informational "hot line ". Ill. Approve a Supplemental Agreement with Moffatt & Nichol Engineers The City retained the firm of Moffatt & Nichol Engineers (M &NE) on April 22, 1996 to provide final design engineering for the Arches project. This spring, M &NE has spent an unanticipated amount of manpower to complete additional items of work for the project as requested by the City and by Caltrans. The extra work consisted of: 1. Seismic retrofit design for the Newport Channel bridge widening 2. Modification of retaining walls to accommodate trees, a sanitary sewer force main, and overhead sign structures 3. Additional retaining walls in three locations 4. Additional aesthetics workshops 5. Foundation design and geotechnical report support services 6. Extending and redesigning the sanitary sewer along Old Newport Boulevard 7. Redesign of a parking lot along Old Newport Boulevard near the "Arches" restaurant 8. Addition of a storm drain box culvert along Old Newport Boulevard 9. Additional curb, gutter and sidewalk along the west side of Old Newport Boulevard from PCH to the hook ramps and the east side of Newport Boulevard from the hook ramps to Hospital Road 10. Additional pavement grinding and resurfacing areas 11. Addition of a stairway within the northwest loop ramp quadrant 12. Additional traffic and electrical work 13. Additional landscaping work at 6 locations 14. Additional surveying services for potholing to locate sanitary sewers and utilities In addition, M &NE's design support services will be required during construction. The design engineer is typically asked to attend the preconstruction and partnering meetings; review shop drawing submittals to ascertain that construction will be consistent with the plans and specifications; and provide backup data and materials to the construction manager. Also included in the scope of work for support services is final checking of design changes made to the plans and specifications which were issued to the bidders as addenda and is now part of the construction contract work being awarded to Brutoco Engineering and Construction, Inc. M &NE's fee for providing the additional work totals $234,905. Their proposal for construction support totals $57,825. M &NE's amendment increases the City's agreement with M &NE by $292,730 to $1,499,322. 0 �WUBJECT: NEWPORT OLEVARD AND PACIFIC COAST HIGH* "ARCHES" INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 Jura 23, 1997 Page 7 Staff has reviewed the request and concurs that M &NE's additional fee is justified, since: 1) their additional work was as requested by the City; 2) it was completed within time constraints that required overtime work; 3) additional work was required to satisfy Caltrans, Coast Guard, Federal Highway Administration and Sanitation District requirements; and 4) the design engineering firm is most qualified to review and check bridge shop drawings. IV. Approve a Supplemental Agreement with Law /Crandall Inc To date, the firm of Law /Crandall, Inc. (UC) has provided all preliminary and final geotechnical engineering services for the project. UC's original $60,000 agreement with the City has been amended twice; once for $5500 of additional compensation to prepare draft and final materials reports that were not included in their original scope of services, and a second time for $27,000 of additional compensation to provide subsurface explorations, .laboratory testing, engineering analyses, and design recommendations for relocating the Newport Boulevard bridge foundations and building retaining walls that were not included in their original scope of services. Recently, UC has been required to perform additional services outside of its agreed scope of work for the City. Those services were mainly required by Caltrans as a condition of obtaining the approvals needed for the City to obtain their Encroachment Permit for the project. The extra work consisted of: 1. A rewrite of the Materials Report as mandated by Caltrans 2. Re- evaluations of seismic design criteria necessitated by revisions to Caltrans design parameters 3. Additional foundation analyses for the Newport Channel bridge widening 4. Re -doing the lateral spreading analysis twice after approval of design methodology 5. Revisions to the final geotechnical report 6. Creating three separate geotechnical reports from the final geotechnical report UC's cost to provide the additional work totals $48,753.00; however, they have reduced their fee to $45,213.00 to account for changes in personnel assigned to the project. UC's requested amendment would then increase the City's agreement with Law /Crandall by $45,213.00 to $137,713.00. Staff has reviewed the request and concurs that UC's added fee is justified since: 1) UC's additional work was completed within time constraints that required overtime work; and 2) meeting the Caltrans requirements required added work and re -doing work completed. is SUBJECT: NEWPORT OLEVARD AND PACIFIC COAST HIG411Y "ARCHES" INTERCHANQE IMPROVEMENTS - CONTRACT NO. 2886 June 23, 1997 , Page 8 UC's geotechnical services will be required during construction. The geotechnical engineer is needed to inspect, certify, and report on the soils that will support wall and bridge foundations to determine if they will have acceptable mechanical properties for that purpose; and that the soils properties are consistent with those that were recommended for foundation design. This work is estimated at $8,000.00 on an hourly basis. This amount combined with the $45,213.00 above, results in a $53,213.00 total for UC supplemental work. V. Approve a Supplemental Agreement with Gail P. Pickart. P.E. Consulting engineer Gail P. Pickart, P.E., has been the project manager for this project since January of 1995. During this time, Gail has maintained ongoing contact with many residents and managers of businesses located near the project. He has also developed a close rapport with individuals within the agencies that issue the clearances, approvals, and permits needed to construct the project. He is the City's most knowledgeable person connected with the project. His current contract with the City expires on July 1, 1997. Mr. Pickart has submitted a proposal to provide project management and coordination services on a 1/3 to 1/2 time basis. The proposed fee for these services is $49,500.00. VI. Proiect Funding and Budget Amendment The total Arches Interchange construction cost is: ITEM AMOUNT Construction Contract $11,933,016.50 Additional Work Account 800,026.50 Construction Management 928,014.00 Other Engineering 395,443.00 Total $14,056,500.00 Funding sources for the project: DESCRIPTION ACCOUNT NO. AMOUNT Federal ISTEA - OCTA 7282 C5100199 $ 5,458,610.00 Measure M - RIP - OCTA 7282 C5100199 1,027,808.00 Measure M - MPAH - OCTA 7284 C5100199 471,344.00 Circulation & Transportation Fund 7261 C5100199 1,747,783.00 Contribution - Sanitation District 7251 C5100199 1,106,621.00 Contribution -Hoag 7253 C5100199 I 440,000.00 CIOSA Loan 7432 C5100199 3,804,334.00 Total Funds Available I $14,056,500.00 C� 0 9 � UBJECT: NEWPORT OLEVARD AND PACIFIC COAST HIGH* "ARCHES" INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 Jume 23, 1997 Page 9 Funds are currently budgeted in all the above divisions under Account No. C5100199 except for the CIOSA Loan account and the Contribution account. A budget amendment is needed to appropriate $1,599,086.00 in the CIOSA Loan account. The new CIOSA bond issue provided for the funding of this project. Also a budget amendment is needed in the Contributions fund to appropriate an additional $709,081.00 from the Sanitation District and $440,000.00 to reflect the funds paid by Hoag Hospital for work adjacent to their facility. Respectfully submitted, ^�) 0, PUBLIC WORKS DEPARTMENT Don Webb, Director by. Lloy alton, P.E. Project Manager Attachments: Location Map Roadway Project Change Orders RFQ letter Proposal from MK Centennial Request for compensation from Moffatt & Nichol Engineers Proposal from Moffatt & Nichol Engineers Request for compensation from Law /Crandall, Inc. Proposal from Law /Crandall, Inc. Proposal from Gail Pickart Location Map Budget Amendment vA 11 • . l ry _ '�.•'. �„ ���: •Iii •fi {�.'+.�Isl� ... 4 � . A •� .�:f.., 'i t .. +:via:• a.. t � _ I LEGEND •�!�'-' ^' "yam. m tl I�f .k.• ,�� i L: i I•. �i PAVEMENT RECONSTRUCTION PAVEMENT OVERLAY SiDEwALR /wALRwAY •••Ff ij CONTWR GRADING AND /OR LANDSCAPING STRUCTURE RETAINING WALL OR SOUNDNALL .._ ii fl '�.•'. �„ ���: •Iii •fi {�.'+.�Isl� ... 4 � . A •� .�:f.., 'i t .. +:via:• a.. t � _ I �p I C NEWPORT BOULEVARD (SR55)/ wy,�t/ T >'A•„�' � PACIFIC COAST HIGHWAY (SRI) �Q)romrr.Na<rDl %wA,tty. LA INTERCHANGE. IMPROVEMENTS LEGEND •�!�'-' ^' "yam. m RAISED MEDIAN O NEw PAVEMENT PAVEMENT RECONSTRUCTION PAVEMENT OVERLAY SiDEwALR /wALRwAY •••Ff CONTWR GRADING AND /OR LANDSCAPING STRUCTURE RETAINING WALL OR SOUNDNALL .._ �p I C NEWPORT BOULEVARD (SR55)/ wy,�t/ T >'A•„�' � PACIFIC COAST HIGHWAY (SRI) �Q)romrr.Na<rDl %wA,tty. LA INTERCHANGE. IMPROVEMENTS n U 0 ROADWAY PROJECT CHANGE ORDERS PROJECT CONTRACT CHANGE PERCENT TITLE AMOUNT ORDERS OF • Permanent chain link fence $13,680.00 CONTRACT COAST HIGHWAY WIDENING, $10,854.61 • Remove PCC at RCB Line 19 NEWPORT BOULEVARD TO • Remove and replace sewer - RCB Line 19 $28,972.68 HIGHLAND AVENUE - Contract $11,987,552.00 $742,070.29 6.1% No. 2591 $15,331.50 • Phasing due to relocation of H.P. Gas Line NEWPORT BOULEVARD • Landscape modifications at the Superior Parking Lot $16,804.00 WIDENING, 32nd ST TO PCH - $3,940,590.00 $264,446.19 6.7% Contract No. 2642 $25,445.43 • Out of sequence work to complete Soundwall PCH, JAMBOREE ROAD TO • Miscellaneous work at Soundwall $10,709.00 BAYSIDE DRIVE - Contract No. $4,413,283.06 $402,167.54 9.1% 2711 $14,500.00 • Resolution of Claims "A ", "B ", "C" & "E" MACARTHUR BOULEVARD • • Resolution of Claims "G" & Cost Award $131,018.74 WIDENING, SEGMENT 1 - $5,141,989.75 $341,614.89 6.6% Contract No. 2825 CHANGE ORDER DETAIL (Over $10,000) COAST HIGHWAY WIDENING, NEWPORT BOULEVARD TO HIGHLAND AVENUE - Contract No. 2591: (Total change orders processed: 136) • Water Line Changes $59,200.00 • Temporary chain link fence in asphalt $13,554.78 • Permanent chain link fence $13,680.00 • Drainage Line 28 Revisions $10,854.61 • Remove PCC at RCB Line 19 $32,261.43 • Remove and replace sewer - RCB Line 19 $28,972.68 • Exploratory excavation for water line jacking $35,045.75 • Changes to RCB Culvert, Line #19 $15,331.50 • Phasing due to relocation of H.P. Gas Line $22,240.59 • Landscape modifications at the Superior Parking Lot $16,804.00 • Provide and place Pettromat at various locations $16,000.00 • Place Top Soil in median island landscaped areas $25,445.43 • Out of sequence work to complete Soundwall $22,000.00 • Miscellaneous work at Soundwall $10,709.00 • Claim Resolution, Additional AB & AC $10,945.75 • Resolution of Claims "D" & "F" $14,500.00 • Resolution of Claims "A ", "B ", "C" & "E" $12,004.84 • • Resolution of Claims "G" & Cost Award $131,018.74 h • • CHANGE ORDER DETAIL (Over $10,000) • NEWPORT BOULEVARD WIDENING, 32nd ST TO PCH - Contract No. 2642: (Total change orders processed: 58) • Time extension $15,286.72 • Debris removal @ bents 2 & 5 $13,912.00 • Replace bridge navigation lighting $15,411.00 • Construction new masonry retaining wall $15,563.00 • Temporary traffic signal poles @ Finley $10,870.00 • Add gravity wall and railing $25,000.00 • Install fender rail system $33,606.00 • Modify deck expansion joints $18,890.00 PCH, JAMBOREE ROAD TO BAYSIDE DRIVE - Contract No. 2711: (Total change orders processed: 59) • Architectural Finish for MSE Wall $10,456.50 • New Valve Vault for 30" water line $38,549.98 • Extend Masonry Soundwall 280 If $30,957.08 • Installation of Lateral "A -A" $20,076.05 • Revised Opticom System $15,711.00 • Locate and Remonumentation of Survey Mon. $46,109.00 • Adjustment in Quantity - Bid Item # 8 $39,750.32 • Settlement in full for claims - related additional paving work $215,500.00 MACARTHUR BOULEVARD WIDENING, SEGMENT 1 - Contract No. 2825: (Total change orders processed: 54) • Stabilize fill area $17,600.47 • Ground water control $24,875.00 • Relocate traffic signal controller $17,550.00 • Lateral "M" changes $17,630.00 • Add right -turn pocket $35,656.00 • Water Monitoring systems for palms $10,576.72 • Provide and install straw wattles $10,320.00 • Bid Item adjustment $17,515.00 • R & R unsuitable material $18,876.27 • Shared flagging costs - stage 3 $11,883.79 • Erosion BLKT & L/I Slope $42,145.35 • Fill, grade and landscape Farah's $58,676.00 • East side parkway culverts $10,705.95 • Shared flagging costs - stage 4 $12,000.00 • Landscape park at 174 +00 $31,975.95 • • • • PROFESSIONAL SERVICES AGREEMENT NEWPORT BOULEVARD / PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGEIMPROVEMENTS THIS AGREEMENT, entered into this , 1997 by and between the CITY OF NEWPORT BEACH day of a Municipal Corporation (hereinafter referred to as "City "), and MK Centennial, whose address is 17300 Red Hill Avenue, Suite 150, Irvine, CA 92614 (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 City. B. The principal member of Consultant's Irvine office is Michael B. Harrington. C. City desires to engage Consultant to provide construction management services for NEWPORT BOULEVARD / PACIFIC COAST HIGHWAY "ARCHES INTERCHANGE IMPROVEMENTS (hereinafter referred to as "Project"), upon the terms and conditions contained in this Agreement. 0 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: • 1. TERM The Term of this Agreement shall commence on theJday of 1997, and shall terminate on the _ day of 19_, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and . incorporated herein by this reference. The maximum fee shall not exceed $928,014.00. 4. STANDARD OF CARE All of the work 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. The Consultant shall be responsible to City for any errors or omissions in the execution of this Agreement. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals 0 2 • 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. 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 express terms of this Agreement. No civil service status or other right of employment with City will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave, are available from City to Consultant, its employees or agent. Deductions shall not be made for any state or federal taxes, FICA • payments, PERS payments or other purposes normally associated with an employer- employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 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 Consultant on Project. 7. PROJECT MANAGER The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to the City at all times. The Consultant has designated J. David Wanderling, P.E. to be its Project Manager. 3 r� • 8. TIME OF PERFORMANCE The tasks to be performed by Consultant shall be in accordance with the schedule • specified in Exhibit "N'. _ - 0 Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 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 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 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 0 • 1 • b . Consultant agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suites, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent actions of Consultant, its employees, agents or subcontracts in the performance of services or work conducted or performed pursuant to 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, accruing or resulting to any and all persons, firms or corporations furnishing or supplying . work, services, materials, equipment or supplies arising from or in any manner connected • to Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Such 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. Consultant's insurance policies, with the exception of Professional Errors and Omissions, shall add as additional insured City, its elected 5 0 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 portions of Consultant's policies, if requested by City, for the following insurance, with Best's Class A7 or better carriers; unless otherwise approved by City: A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. • If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of $1 Million. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided nor canceled by either party, or reduced in coverage or in limits except 6 J � • i . after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire • against City by virtue of the payment of any loss under such insurance. • 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an 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, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 15. 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. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 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 City shall furnish to Consultant base maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION r� U J • I This Agreement will be administered by City's Public Works Department. City's Public Works Director or his /her designees shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must be authorized in writing by City and Consultant shall not be entitled to extra compensation without authorization. 20. RECORDS 0 Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for expenses unless the expenses were previously authorized in writing by City. U 9 0 22. MONTHLY INVOICES . Consultant shall submit invoices to City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice, unless City disputes the amount Consultant claims is owned under this Agreement. 24. 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 its 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. The determination of the City Manager with respect to such matter shall be final. 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. 25. ERRORS AND OMISSIONS In the event that City determines that Consultant's negligence, errors or omissions in the performance of work under this Agreement has resulted in expense to City greater 0 10 than would have resulted if there were no such negligence, errors or omissions in Consultant's services, Consultant shall reimburse City for the additional expenses incurred by City including engineering, construction and /or restoration expense. Nothing herein is intended to limit City's rights under any other sections of this Agreement. 26. FIVE PERCENT (5 %) WITHHOLDING City may withhold an amount equivalent to five percent (5 %) of the total compensation provided herein, to be released to Consultant upon acceptance of all construction work by the Mayor and City Council. City reserves the right to refuse to pay all billings requesting amounts in excess of ninety -five percent (95 %) of the total compensation provided herein until Project is completed and accepted as specified above. 27. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 29. CONFLICTS OF INTEREST A. 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 foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable 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 claims for damages resulting from Consultant's violation of this Section. 30. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 31. 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 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 12 J . • Newport Beach, CA 92658 -8915 Attn: Lloyd R. Dalton, P.E. All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: MK Centennial 17300 Red Hill Avenue, Suite 150 Irvine, CA 92614 Attn: Michael B. Harrington, Vice President 32. TERMINATION In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant 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 0 Consultant fails to give adequate assurance of due performance within two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving written notice thereof to Consultant. City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. is 13 0 • 33. COST OF LITIGATION 0 If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 34. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 35. 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. 0 36. 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. L J 14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: CITY CLERK APPRO TO FORM: /4 1 CITY ATTORNEY 15 CITY OF NEWPORT BEACH A Municipal Corporation By: MAYOR CONSULTANT By MK CENTENNIA f: \users \pbw \ldalton\ag reemts\M K- Cent.doc 5/21/97 EXHIBIT A Consultant's construction management (CM) services shall include, but not be limited to, providing the following items of work: 1. Furnishing the CM team shown on attached sheet ORGANIZATION to provide full - time inspection, including daily log of activities, during the construction period (anticipated to be 18 months). 2. (Not used) 3. Providing a constructability review of PS &E for the project, to be completed and submitted in writing to City staff no later than May 9, 1997. 4. Attending the pre -bid meeting. 5. Recording by video and phototography all exterior privately- and publicly -owned improvements in the field, and collecting other field data (specify in your proposal) as required to adequately document before -, during -, and after - construction conditions. 6. (Not used) 0 7. Arranging for and conducting a preconstruction meeting and attending a partnering conference; attending repartnering conferences as needed to avoid or resolve disputes; preparing and distributing minutes for the preconstruction meeting. 8. Implementing a system for tracking and managing paper and electronic files, including letters, requests for information, submittals, contracts, reports, manuals, progress payments, change orders, etc. 9. Monitoring and reviewing the Contractor's construction schedule, and notifying the City and the Contractor of actual or potential deviations from the most recently - approved schedule. Pro - actively work with the Contractor and City to identify possible schedule set - backs. 10. Accepting and reviewing the Contractor's shop drawings and submittals, and returning them for non - compliance, if necessary; recommending approval, and tracking and prompting timely City and design engineer approval of shop drawings and submittals. 11. Conducting periodic reviews and written notifications to the Contractor and the City concerning jobsite safety. -1 • • 12. Furnishing special inspections, testing and surveying services, and identifing those services that are traditionally provided by the Contractor. Materials testing to include laboratory work. 13. Observing and documenting that the work complies with the bid documents and with permits issued by other agencies; providing notifications to the Contractor and to the appropriate agencies when work does not comply; and preparing periodic inspection reports. 14. Coordinating the Traffic Management Plan, inspection and testing work provided by the Contractor and /or City. 15. Meeting with others to coordinate the Arches construction with their construction; that is, a) The City will most likely landscape the vacant lot at Via Lido between Newport Boulevard & Central Avenue before the end of 1997; b) Within a year, the Sanitation Districts of Orange County intends to begin constructing a new "Lido" pump station on the vacant lot at 3531 Newport Boulevard to replace their existing pump station at Newport Boulevard & Short Street, whereupon their existing pump station will be demolished and park improvements built upon the existing and new pump station sites. c) Within a year, Hoag Memorial Hospital intends to construct a parking garage and an administration building along the northerly side of PCH adjacent to the Arches interchange; d) Proximate to the completion of the Arches project, Caltrans intends tojoin° the Newport Boulevard roadway construction of the Arches contract and rehabilitate s/b Newport Boulevard northerly of Hospital Road and n/b Newport Boulevard northerly of the Old Newport Boulevard hook ramps; e) Southern California Edison, Pacific Bell, and Comcast Cablevision lines will be undergrounded along Newport Boulevard south of Pacific Coast Highway prior to the end of 1997; and f) Southern California Gas Company, Southern California Edison, Pacific Bell, and Comcast Cablevision lines will be relocated along Newport Boulevard and Pacific Coast Highway during construction. 16. Interpreting the contract documents or requesting the design engineer to interpret the contact documents, and if necessary, requesting clarifications, details, field meetings, etc. from the design engineer. • • 1. 17. Providing a telephone "hot line' and a broad scope of public relation activities with surrounding property owners, residential and business associations, Hoag Memorial Hospital, Caltrans, the City Council, and the local news media. 18. Conducting regularly - scheduled (at least weekly) construction meetings with the Contractor, and preparing and distributing detailed minutes. 19. Coordinating inspections by Caltrans oversight personnel, and providing Caltrans required progress reports to the City and Caltrans. 20. Issuing plan revisions and assuring that the Contractor maintains accurate records of "as- built" changes. 21. Reviewing change order requests for merit; preparing independent cost estimates; negotiating and preparing change orders for City review and approval; apprising the City of the cumulative effect of change orders. 22. Reviewing payment requests and verifying pay items. Recommending payments and preparing payment documentation for processing by the City. 23. Meeting with City officials and conducting public meetings as needed. 24. Providing other items of work that you view as beneficial to the project. 25. Providing cost saving measures for the City's consideration. 26. Developing a "punch list" at the conclusion of construction. 11 q) 11 0 EXHIBIT B • MK CENTENN A A( 8 MONTH,SCHEDULE$) x. (F� � ii Ate, •. Y� .q. '° - "` '` CONSTRUCTIONtMANAGEMENT 'SERVICES "` ✓ � � y a �* r sJ,,�• 4 rn 3t ��� �,� ix+t } '�ars`"t��$�•�v V tY t � � I DIRECT SALARY COSTS -Person helCategory Ratea 3r?Hours. �tti s,Totalt Resident Engineer $ 93.00 3,130 $ 291,090.00 Ass't R.E. / O.E. / Inspector $ 70.00 2,880 $ 201,600.00 Bridge Senior Engineer $ 110.00 48 $ 5,280.00 Structures Engineer $ 75.00 2,330 $ 174,750.00 Bridge/ Roadway Inspector $ 70.00 2,248 $ 157,360.00 Subtotal 10,636 $ 830,080.00 (1) II OTHER DIRECT COSTS Item :,.. Amount., REPRODUCTION COST, POSTAGE, AND OFFICE SUPPLY $ 5,000.00 Subtotal $ 5,000.00 (2) III. SUBCONTRACTOR'S COSTS Subconsultant .,,.Amount. PSOMAS & ASSOCIATES (SURVEYS) $ 66,934.00 GEOBASE, INC. (MATERIALS TESTING) $ 26,000.00 Subtotal $ 92,934.00 (3) V. TOTAL AMOUNT Total $ 928,014.00 (Total1 -3) ASSUMPTIONS: 1 Partnering is included in construction contract. 2 Field trailer is included in construction contract. 3 Construction staking is included in the C.M. contract. 4 ROW, control staking and check survey included in C.M. contract. 5 Photo survey and vibration /noise monitoring is included in construction contract. 6 Eighteen months.construction, fourteen months bridge construction. 7 Minimal overtime required by staggering shifts. 8 Materials testing includes lab work only. N Z w 0 E b W W O U >a x w U w Utnm1- W Z r m w 1, F r i . 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C A 4 m Z _ a y _ W C E O W _ G � _ y s y ro¢ w C40 CC 0 ago d C W C ■ L`I O S I G. C A 4 m Thank you. Best regards, f NA�� Bonnie Garza Enclosures cc: Karen Frans, MK -Boise 0 Post Office Box 8747 • 2525 North Reserve Street • Missoula, Montana 59807 • (406) 7284050 FAX (406) 7287589 JU111 I 1 1997 j, Terry Payne & Co.. Inc. ! ; ___ _ • INSURANCE • BONDS June 10, 1997 City of Newport Beach Attn: Lloyd Dalton 3300 Newport Blvd. Newport Beach, CA 92659 -1768 RE: Certificate of Insurance MK Centennial Dear Lloyd, Per our clients request, we are pleased to enclose a certificate of insurance for the above captioned. Thank you. Best regards, f NA�� Bonnie Garza Enclosures cc: Karen Frans, MK -Boise 0 Post Office Box 8747 • 2525 North Reserve Street • Missoula, Montana 59807 • (406) 7284050 FAX (406) 7287589 DATE (MMDD/YYI 6/10/97 PRObUCER THIS CERTIFICATE W ISSUED AS A MATTER OF INFORMATION TEP,RY PAYNE 8: CO., INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 8747 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE MISSOULA, MT 59807 °O A TRAVELERS INDEMNITY COMPANY OF ILLINOIS 06-728-4050 INSURED MK CENTENNIAL 17300 REDHILL AVE. SUITE 150 COMPANY B TRAVELERS INDEMNITY COMPANY OF ILLINOIS COMPANY LLOYDS OF LONDON IRVINE, CA 92714 COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY) POLICY EXPIRATION DATE(MM/DDM1 LIMITS GENERAL LIABILITY RTC2JGLSA- 261T1514 -97 4/1/97 4/1/96 GENERAL AGGREGATE $ 3500000 X PRODUCTS-COMP /OP AGO $ 3500000 A COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR PERSONAL S ADV INJURY $ 2000000 EACH OCCURRENCE $ 2000000 OWNERS & CONTRACTOR'S PROT FIRE DAMAGE (Anyone fire) $ 2000000 MED EXP (Any one person) $ 10000 A AUTOMOBILE LIABILITY ANY AUTO RTC2JCAP- 26OT9174 -97 4/1/97 4/1/98 COMBINED SINGLE LIMIT $ 2000000 X BODILY INJURY (Per person) $ ALLOWNEDAUTOS SCHEDULED AUTOS BODILY INJURY (Perae ent) $ HIRED AUTOS NON - OWNEDAUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE $ - EEXX,CESS LIABILITY EACH OCCURRENCE S AGGREGATE S UMBRELLA FORM S OTHER THAN UMBRELLA FORM B WORKER'S COMPENSATION AND EMPLOYERVIJABIUTY RTC4JUB- 261T1526 -97 4/1/97 4/1/96 X TORY IMTE DER FI EACH ACCIDENT $ 2000000 I�'�I THE PRDPRIFrOW IINCL PARTNERMECUTIVE I--j' WFICEM ARE: EXCL EL DISEASE - POLICY LIMIT $ 2000000 EL DISEASE - EA EMPLOYEE $ 2000000 C !W9ELOW AND OR LE9605136 10/1/96 10/1/99 ATTACHED DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESISPECIAL ITEMS ARCHITECTS' AND ENGINEERS' PROFESSIONAL LIABILITY UP TO $1,000,000 COMBINED SINGLE LIMIT, EACH ACCIDENT CLAIMS MADE INCLUDING 36 -MONTH EXTENDED DISCOVERY PERIOD. '.. ERTIFICATEN CANCELlAT -ION' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF NEWPORT BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL ATTN: LLOYD DALTON 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92659 -1768 AUT HDSIZED REPRESENTAT �Jj 0 Y� IACORD 0 i P DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS • INSURED: MK Centennial HOLDER: City of Newport Beach Attn: Lloyd Dalton 3300 Newport Blvd. Newport Beach, CA 92659 -1768 RE: Newport Boulevard /Pacific Coast Highway "Arches" Interchange Improvements (C -2886) City of Newport Beach, its elected officials, officers and employees are included as Additional Insureds in accordance with the attached policy endorsement language. A waiver of Subrogation in favor of all Assureds is included. * *Companies affording coverage include Lloyds of London & Participating Cos. 0 • 0 • To be attached to and become a part of Certificate of Insurance issued to City of Newport Beach. GENERAL LIABILITY AND AUTO LIABILITY ONLY: Policy # RTC2JGLSA- 261T1514 -97 Policy # RTC2JCAP- 260T9174 -97 It is agreed that the definition of Insured is amended to include any person or organization the Named Insured is required by written contract to include as an Additional Insured. The "written contract" must be executed prior to the "occurrence" of any loss. Insurance provided by this amendment is limited to the extent of coverage and limits of liability required by the "written contract," will not increase the limits of the policy or the extent of coverage stated in this policy. The insurance provided by this amendment is limited to only the Legal Liability arising out of the performance of the Named Insured's work under the written contract and shall terminate at the time of completion, substantial completion, or such other time as defined in the written contract. With respect to the insurance afforded the Additional Insureds, it is further agreed that this insurance does not apply to liability for "Bodily Injury" or "Property Damage" arising out of acts or omissions of the Additional Insured unless this has been agreed to by written contract executed prior to the "occurrence" of any loss. n LJ n AMENDMENT NO. 3 TO CONSULTANT AGREEMENT E GEOTECHNICAL ENGINEERING SERVICES FOR PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS THIS AMENDMENT NO. 3 TO CONSULTANT AGREEMENT, made and entered into this day of 1997, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and 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. 0 Ll • • 2. Compensation to be paid to CONSULTANT for such additional scope of services as set forth in attached Exhibit "A" is thereby increasing the not -to- exceed compensation amount from $92,500.00 to $ 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. 0 APPROVED AS TO FORM: City Attorney ATTEST: City Clerk • CITY OF NEWPORT BEACH, a municipal corporation BY: Mayor CONSULTANT BY: LAW /CRANDALL, INC. Ft E 0 PROFESSIONAL SERVICES AGREEMENT . GEOTECHNICAL CONSULTATION IN SUPPORT OF CONSTRUCTION OPERATIONS NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR55 11) "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 -1- u • • • and conditions contained in this Agreement. 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 -2- 0 0 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). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of the City Engineer. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of the City Engineer. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which • have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in • -3- • a 0 0 advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not -4- an employee of City. The manner and means of conducting the work are under the is control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated • Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated 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 -5- • t Engineer. Consultant warrants it will continuously furnish the necessary personnel to • complete the Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule prepared by the construction contractor and upon request by the Construction Manager. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT • All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project 0 Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, U. 9 0 boards and commissions, officers and employees from and against any and all loss, . damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE 0 Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers' compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as • -7- 0 0 described herein. • All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Workers' compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall • apply separately to this Project, or the general aggregate limit shall be twice n the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in 0 0 writing to City. Consultant shall give to City prompt and timely notice of claim made or . suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. • 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be 0 • I1� 0 0 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 orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from 0 Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables, under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. -10- 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agree, to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services necessary to accommodate the agreed upon scope of work. 18. ADMINISTRATION 0 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 -11- 9 0 clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or 0 his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. -12- • 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT A. Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered -13- 0 0 • personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (714) 644 -3311 Fax 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Perry Maljian LAW /CRAN DALL 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, -14- r specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shali comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER 0 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 0 -15- 0 Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. CADD DELIVERABLES CADD data delivered. to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. 32. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters -16- 0 0 patent, trademark, or copyright infringement, including costs, contained in Consultant's 10 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: CITY OF NEWPORT BEACH A Municipal Corporation Robin Clauson Mayor Assistant City Attorney City of Newport Beach City of Newport Beach ATTEST: CONSULTANT LAW /CRANDALL By: By: LaVonne Harkless City Clerk F: /groups /pu bworks /agmt/Maw 06 -12 -97 -17- 0 L LAW /CRANDALL • A DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES. INC. June 12, 1997 Mr. Gail P. Pickart, P.E. Project Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 -8064 REVISED PROPOSAL FOR CONSULTATION DURING COINSTRUMION PROPOSED SRI /SRSS INTERCHANGE AND NEWPORT CHANNEL BRIDGE WIDENING NEWPORT BEACH, CALIFORNIA LAW /CRANDALL PROTECT 70131-5-0362 Dear Mr. Pickart: This letter presents our revised proposal for supplemental geotechnical consultation services during construction for the SR55 /SRI Interchange and the Newport Channel bridge widening. We performed the geotechnical investigation for the project and have submitted the materials report dated December 20, 1996, and the final geotechnical investigation reports dated May 14 and May 15, 1997. This letter supercedes our letter of May 29, 1997, and incorporates your comments on our May 29 letter. The items covered by our supplemental consultation would include: • Provide consultation to the city staff, project design firm (Moffatt & Nichol), project construction manager (MK Centennial), and construction contractor (Brutoco Engineering and Construction, Inc.), subsequent to the Newport Beach City Council's award of the project construction contract. • Attendance at a pre - construction meeting to answer questions raised by the prospective contractors. • Approximately six site visits during construction of the foundations for the bridges and retaining structures. We request a budget increase of $8,000 (approximately 68 Ivan- hours] to cover these additional items. Professional fees and costs will be billed in accordance with the attached rate schedule. In the event that you choose to accept this letter proposal by incorporating it into the City's standard form Professional Services Agreement, please include our standard terms and conditions which are attached, and were part of the Consultant Agreement dated June 14, 1995, between the City of Newport Beach and Law /Crandall. 208 CITADEL DRIVE • LOS ANGELES. CA 80D1O 1551 (213) BBB -530D • FAX (213) T21 �870 06/12/97 15:47 TX /RX N0.3735 P.002 N 1 Crty aJNewport Beach—/n,, 40. Scope of semi ces June f?, 199" Law /Crandall Project 70131 -5- 0362.0001 i We look forward to assisting you in the completion of this project. Please call if you have any questions. Sincerely, LAW /CRANDALL Martin B. Hudson eery Maljian Senior Engineer Principal Engineer Senior Vice President enggeo 195- pruj10362L09.DOC1B3 W MBH:bef (3 copies submitted) 2 9 06/12/97 15:47 TX /RX NO.3735 P.003 M 0 PROFESSIONAL SERVICES AGREEMENT PROJECT MANAGEMENT SERVICES 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 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. 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 improvements to 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 project management services relative to Project's design and construction upon the terms and conditions contained in this Agreement. U -1- 0 D. The principal member of Consultant for the purpose of this Project is Gail P. Pickart, 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 1st day of July 1997, and shall terminate on the 30th day of April, 1998, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the City Engineer. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Forty -nine thousand five hundred dollars ($49.500.00. -2- 0 0 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- —'2 1 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 0 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. S. 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 KIM n E E • and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the services to be provided. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Gail P. Pickart, RE to be its Project Manager. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedules established by the construction contractors, other consultants providing professional -5- i 0 services for the project, and City elected officials and staff members. 9. CITY POLICY • Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of M • , I 0 i • services or work conducted or performed pursuant to this Agreement. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add City, its elected officials, officers, agents, 0 representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall -7- �J 0 apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. • B. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 0 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 11 M 0 • any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be 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 orjoint- venture. 15. OWNERSHIP OF DOCUMENTS 0 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 in • L-41 assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. • Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services as necessary to accommodate and accomplish the agreed upon scope of work. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. The City 0 -10- 0 • 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, aud;t and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date -11- • 9 of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS • In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation • 51021 0 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 Fax 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: • Gail P. Pickart. P.E. 3345 Newport Boulevard. Suite 215 Newport Beach, CA 92663 (714) 673 -6779 (714) 673 -6899 FAX -13- 2i 0 Q. 26. TERMINATION . In the event either parry hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City and Consultant shall have the option, at the sole discretion of either party and without cause, of terminating this Agreement by giving seven (7) days' prior • written notice to the other as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the -14- • • same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless City Clerk Fl groups /pubworks/agmt/97 /P ickartl 06 -12 -97 • -15- CITY OF NEWPORT BEACH A Municipal Corporation Mayor City of Newport Beach CONSULTANT Gail P. Pickart, P.E. 0 0 0 EXHIBIT "A" SCOPE OF SERVICES Gail P. Pickart, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, CA 92663 (714) 673 -6779 (714) 673 -6899 Fax Consultant proposes to continue providing project management services for the Newport Boulevard and Pacific Coast Highway (SR55/1) Interchange Improvements, thereby augmenting City staff in the following general areas or categories: 1. Implementation, monitoring, and coordinating compliance with project regulatory agency permits such as : (a) U.S. Army Corps of Engineers, (b) U.S. Coast Guard, (c) California Coastal Commission, (d) California Water Quality Control Board, Santa Ana Region, and (e) Caltrans. 2. Coordinate relocation of existing overhead utility lines within the project area in relation to the construction operations and Underground Utilities District No. 14. Facilitate arrangements for entry onto private property associated with placing • electrical, telephone, and cable television service connections underground to individual properties affected by Underground Utilities District No. 14 and with construction of sound attenuation walls along the rear of residential lots fronting on Clubhouse Drive and situated between Newport Channel and Short Street. 4. Serve as the City's liaison person to the County Sanitation Districts of Orange County ( CSDOC) for: (a) construction work related to CSDOC facilities to be accomplished by the City's contractor, and (b) design and construction work related to the Lido Sewage Pump Station replacement. 5. Coordinate and monitor the dock reconstruction and deck extensions for the residential lot at 68 Balboa Coves owned by Father Bill Barry. 6. Facilitate design for relocation /replacement of the City's existing 24" diameter water main crossing Pacific Coast Highway required to accommodate the new grade separation bridge structure. 7. Prepare and process requests to the Orange County Transportation Authority (OCTA) for disbursement of Measure "M" and federal ISTEA funds approved for design and -16- • • construction of the Interchange Improvements project. 0 8. Perform miscellaneous tasks as may be requested by City Staff members and by City elected and appointed officials. Consultant proposes to provide the above described project management services on a "time and materials" basis as set forth on Exhibit "B" attached hereto. The estimated time to be available and to be spent during the period from July 1, 1997, to approximately April 30, 1998, is as follows: Time Period July 1, 1997 to December 31, 1997 January 1, 1998 to April 30, 1998 2 Disbursement Requests to OCTA Estimated Estimated Hours Fee Amount 416 (16 Hrs/Wk) $31,200 216 (12 Hrs/Wk) $16,200 SUB TOTAL $47,400 30 2,100 TOTAL $49,500 -17- EXHIBIT "B" . FEE RATE SCHEDULE Effective January 1, 1997 Gail P. Pickart, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, CA 92663 (714) 673 -6779 (714) 673 -6899 Fax Professional Services Title Rate Per Hour Principal $90.00 Project Manager $70.00 ClericaUWord Processing $35.00 Reimbursable Expenses • 1. Travel and subsistence to locations outside Orange and Los Angeles Counties will be billed at cost. 2. Reproduction, blueprinting, photocopying and photographing will be billed at cost. Outside Services Invoice costs of services and expense charged by independent contractor, consultants, specialists, and professional or technical firms in support of services provided by Gail P. Pickart, P. E., will be billed at 1.15 times cost. L� so • . 5 5 1... .rJi T ice' y k GOa6i I•P � .. �a ATIeN%3L if If if ii• I j�e . ;7 r i. :i nj if ti7 a 1.. ;. NEWPORT BOULEVARD (SR56)/ PACIFIC COAST HIGHWAY (SRI) LT— INTERCHANGE IMPROVEMENTS .n _ .?� .A•9.4k LEGEND P. m RAISED MEDIAN [] NEW PAVEMENT f / PAVEMENT RECONSTRUCTION \ Q PAVEMENT OVERLAY B� SIDEWALK /WALKWAY O CONTWR GRADING AND /OR LANDSCAPING F! STRUCTORE RETAINING WALL OR SWNDWALL _._. NEWPORT BOULEVARD (SR56)/ PACIFIC COAST HIGHWAY (SRI) LT— INTERCHANGE IMPROVEMENTS E PROFESSIONAL SERVICES AGREEMENT CIVIL ENGINEERING SUPPORT DURING CONSTRUCTION • 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 MOFFATT & NICHOL ENGINEERS whose address is 3720 South Susan Street, Suite 200, Santa Ana, California 92704, (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 support during construction relative to the Project's final design in the areas of civil engineering, r1 LJ -1- 0 0 structural engineering, traffic and lighting engineering, and landscape . architecture upon the terms and conditions contained in this Agreement. D. The principal members of Consultant for purpose of this Project are Michael A. Kraman, P.E. and Allen L. Ely, 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 1st day of June 1997, and • shall terminate on the 31st day of December, 1999, unless terminated earlier as set forth 0 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 -2- 0 0 Agreement without prior written approval of the City Engineer. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed Is the total contract price of fifty -seven thousand eight hundred twenty five dollars ($57,825). 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. E -3- 0 C. Actual costs and /or other costs and /or payments specifically authorized in 0 advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES 0 le City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated • Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Michael A. Kraman to be its Project Manager. Consultant, at the sole discretion of City, shall remove from the Project any of its • -5- 0 0 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. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule prepared by the construction contractor and upon the request of the Project 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. E C-2 0 12. HOLD HARMLESS 0 Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. 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 -7- P P Agreement. Except workers' compensation and errors and omissions, all insurance 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 iand property damage. If commercial general liability insurance or other L-1 form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of 0 policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Workers' compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury iand property damage. If commercial general liability insurance or other L-1 form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of 0 0 0 One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be 0 canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and 9 W 0 • • 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 orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. -10- r) • • 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services necessary to accommodate the agreed upon scope of work. 18. ADMINISTRATION This Agreement will be administered by the Publics Work Department. The City Engineer shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. -11- 9 is 0 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute ! with respect to such payment. Such withholding shall not be deemed to constitute a 0 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 SIAZ 0 0 inexperience of Consultant which result in expense to City greater than would have , resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23_ CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless 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 i -13- • • inoluded in this Agreement shall not be assigned, transferred, contracted or • subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (714) 644 -3311 Fax 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Michael A. Kraman, P.E. Moffatt & Nichol Engineers 3720 South Swan Street, Suite 200 Santa Ana, CA 92704 (714) 979 -2055 FAX: (714) 979 -4131 26. TERMINATION In the event either parry hereto fails or refuses to perform any of the provisions -14- 0 0 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. 0 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. -15- • 29. INTEGRATED CONTRACT i This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is -16- 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 ATTEST: By: LaVonne Harkless City Clerk F: /groups /pubworks /ag mt/97/M offatt -17- CITY OF NEWPORT BEACH A Municipal Corporation Liz Mayor City of Newport Beach CONSULTANT Moffatt & Nichol Engineers 0 n L_ J 0 • 06/11/97 16:28 NOFFATT & NICHOL /O'P.OURRKE ONT.CA 4 917146443308 NO. 051 Dag r • ®�1 ®ENGI T & 1 EC ; June 11, 1997 City of Newport Beach P.O. Box 1768 Public Works Department 3300 Newport Boulevard P.O. Box 1768 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 Dear Lloyd, This letter provides a scope of walk and estimated budget for design services during construction of the Arches Interchange project. If you have any questions, or require additional information please call me. Sincerely, MUFFATT & NIC Michael Kraman, E. Project Manager cc: G. Pickart, CNB . JV1795_551u6rda:u1b07d0c 3720 Seth Susan Street. Su::e 200. Same Are, Caleo:n.a 92704 ^14) 979.2055 Fax (714) 979.4131 4J6. 11/9" 16: e6 r10 : =FATT x HiCHZL /0'R3JF.KE ONT.CA = 517146443308 E Construction Design Support Contract Newport Boulevard (SR- 55)/Paclfic Coast highway (SR-1) "Arches" Interchange Project • No. 051 Construction of the project will be the responsibility of the Ciy of Newport Beach During the constuction phase, Consultant shell work closely with the Res;dem Engineer (,MK Centennial) vrthin the budget allotted to assist and advise in order to minimize construction conflicts and to expedite project'completion. A. Pre - Construction Meeting Prepare for and attend the Pre - Construction Meetinlg. INIRN 12 hrs at S90/hr= $1,080 B. Partnering Worksbop Attend Partnering workshop with City, Comractor and Resident Engineer. m & N 8 hrs at S90 /hr = S720 C. Additional Drawings Due to Consultant Revisions Furnish additional drawings for corrections and change orders required by errors or omissions by the Consuhant at no cost. Such drawings shall be requested in writing to the Consultant by City and shall be at no additional cost to City. The original tracings of the drawings and contract wording for change orders shall be submitted to City for duplication and distribution. NUN 0 hrs ut S90flrr = SO ME 9 • • 1] Plb /r1 /`J'! 16:28 MOFFATT d NICHOL. /C'R.[JURKE ONT.CR + 517146443308 N0.051 D. Shop Drawing and Submittal Review Review submittals and shop drawings. The review of shop drawings shall include bridge working drawing submittals, construction contractor's submittal for substitutions, construction contractor's alternative construction approval, steel layout for structures, independent check of construction contractor's false-work submittal and others as requested by the Resident Engineer. M &N LCI FPL E. Additional Drawings at City's Request 80 hrs at S90/hr = S7,200 16 hrs at $831hr = SIMS 16 hrs at $751hr - 51,200 Prepare drawings and change order supporting documents as requested by City, as extra work. City's approval for additional engineering services for this extra work is required. E.1 Change Order No.I -Relocate 24 -inch water line crossing Pacific Coast Highway. M &N 180 hrs at S90/hr = SI6,200 LZ Change Order No.2 - Aesthetic Improvements . j:U'79S_SS,;vord�cnw0l.UOc M &N 40 hrs at S901hr = S3,600 LCI 70 hrs at S83/hr = $5,810 2.1 Planting and Irrigation on east side of Newport Boulevard north of the hook ramps to Hospital Road, 21 Planting and Irrigation between Newport Boulevard and Old Newport Boulevard from Pacific Coast Highway to the hook ramps. 23 Planting and Irrigation to enhance Arches Parking Lot aesthetics. 2.4 Planting pockets on slope paving between stairway and the Separation Structure. 2.5 Planting and Irrigation along Balboa Coves Wall in the southwest quadrant. Pit 06/11/97 1E.23 MOFFATT & NICHOL /0'ROURKE ONT.CR 4 917146443308 NO.051 P12 • • 2.6 Drainage system for Date Palms added between Pacific . Coast Highway and Newport Channel. E.3 Change Order No.3 - Detail Cleanup for Addendum No.I M &N 40 hrs at $901hr = $3,600 PSOMAS 15 hrs at S85/hr = $1,295 3,1 Cleanup and details for added work along Newport Boulevard north of hook ramps. 3.2 Cleanup and details for gravity sewer realignment along Old Newport Boulevard and crossing Pacific Coast Highway. F. Provide Support to Resident Engineer Work with the Resident Engineer to brin? up to speed or, the project and provide data and Materials to assist the RE in his tasks. M &N 40 hrs at S90/hr = S3,600 G. Respond to Inquiries 0 Respond to contractors' inquiries through Resident Engineer's request. M &N 60 hrs at $90/hr = S5,400 LCI 16 hrs at S83 /hr = $1,328 FPL 8 hrs at S75/hr = S 600 H. Change Order Review Review proposed change orders and make recommendations as requested by Resident Engineer, as extra work. City's approval for additional engineering services for this extra work is required. M &N 0 hrs at $90./hr = $0 3 JU7yS SSIUOrJ'dcmod ?.dx • eio a or lb: Lb I9U,FHl I S 141LHJL'U'RJuRKE ONT.CA - 517146443708 0 I! I. Job Site Visits Visit job site as required. NI &N LCI FPL 40 hrs at S901hr - $3,600 8 hrs at $83/hr = S 664 8 hrs at $75/hr = $ 600 SUMMARY Construction Design Support Contract Newport Boulevard (SR- 35)/Pacifte Coast Highway (SIT-1) "Arches "Interchange Project NO. 051 P13 Task M &N LCI CPL PSO.VIAS A 31 3 12 H I SUBTOTAL $45,000 $ 9,130 $ 2,400 $ 1,295 TOTAL $57,825 4 . j13795 }nwordvJcmodb coc • • AMENDMENT NO.4 TO CONSULTANT AGREEMENT FINAL DESIGN OF PACIFIC COAST HIGHWAYINEWPORT BOULEVARD INTERCHANGE BRIDGE STRUCTURES IMPROVEMENTS This AMENDMENT NO. 4 to CONSULTANT AGREEMENT, made and entered into this day of 1997, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "CITY "), and 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. CITY and CONSULTANT mutually desire to amend CONSULTANT 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 proposal letter dated June 11, 1997, which is • attached hereto as Exhibit "A" and is incorporated herein by reference. A 2. Compensation to be paid to CONSULTANT for such additional • scope of services as set forth in attached Exhibit "A" is $234,905, thereby increasing the not -to- exceed compensation amount from $1,212,892.00 to $1,447,797.00. 0 3. Except as expressly modified herein, all other provisions, terms, and convenants set forth in CONSULTANT AGREEMENT and AMENDMENT NOS. 1, 2, & 3 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. 4 TO CONSULTANT AGREEMENT on the date first above written. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk F: g roups /p u bworks /agmtt97/Moffat4 CITY OF NEWPORT BEACH, a municipal corporation BY: Mayor CONSULTANT BY: Moffatt & Nichol Engineers 2 06/11/97 16:25 r'10FFRTT & NICHCL /0'ROURKE ONT.CR i --17146445308 N0.051 922 _ ! I r t 3 , hdhq MOFFATT & NICHOL June 11, 1997 City of Newport Beach P.O. Box 1768 Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, Califomia 92659 -1768 Attention: Lloyd Dalton, P.E. Subject: Newport Boulevard and Pacific Coast Highway (SR- 55 /SR -1) "Arches" lnterchane RE: final Design Contract Scope Modification No.3 Dear Lloyd, • In completing ti_he final design packages for the Arches Interchange con traction project, the City and Caltrans have requcatcd numerous additional items of work for the project. The altachments to this letter provide a detailed discussion of those requests and a breskdowr of manhours and costs for the additional design services. If you have any questions, or require additional information please call me. Sincerely, MOFFATT & NI rlPGIIEE Micha =l Kraman, P.E. Project Manager cc: G. PickaM CNB j,13795 5AwordU1. 006din • 720 SoVth SuSm Street, Suite 200, San *a A °.a, CF,Lfo•'+ia 92704 ,'1=; X79 -23c; Fax (714) 979-41-311 06/11 %57 16:28 NO =FRTT & NICHOL /O'ROUR ✓.E ONT.CH - --.17146443308 No. 051 D03 9 h®►® Design Contract Modification No.3 Newport Boulevard (SR- 55)/Pacific Coast Highway (SR -1) "Arches" Interchange Project A. Seismic Retrofit Design for the ;Newport Channel Bridge Following bridge type selection for the Newport Channel Bridge widening, Ca trans requested a Seismic analysis of the Charnel Bridge (Design Modification No. 1). This was completed and seismic deficiencies were identified. This item addresses the final design efforts to include the seismic retrofit measures in the construction contract. This includes plans, specifications, cost estimate &nd structuial calculations for the shear walls and backface shear keys. 401 firs at S90 /hr = $36,090 • B. Modification or Retaining Walls to Accommodate Landscaping (Palm Trees), Sanitary Sewer Force Main, and Overhead Sign Structures B.1 Retaining Wall No.5A and No.37 were initially designed as Standard Type 7 and Type t walls respectively. In order to accommodate sidewalk width and palm tree planting, the wall design became non - standard due to cutouts in the wall footings for the palm trees. These cutouts had to be detailed, and structural calculations were provided to the Division of Structures for review and approval. 165 hrs at S90lhr = 514,850 B.2 Retaining Wall No.33A and No.33B were initially designed as non- standard walls. Following the 95% submittal, these walls required redesign to accommodate the sanitary sewer force main. 94 firs at 590 /hr = $8,460 OS/11/97 16:2 ^o MQ=FNTT 3 N :CN L /0'RGURKE GNT.CR - 317146443308 NO. 051 1784 B.3 Caltrans request for an overhead sign along northbound Newport Boulevard and then a later comment to locate at Sts "A" 37 +00, required a special design detail for Wall No. 38 to accommodate the overhead sign support. 71 hrs at S901hr = $6,390 C. Additional Retaining Walls C.1 Retainng Wall No. 5B was added to provide adu uate space for the Sanitation District's maintenarce access to their manhole located along Ramp B 1 at Sta 5 +75. This is a standard Type 1 wall. 47 hrs at S90 1hr - $4,230 0.2 Retaining Wall No33 along the cast side of Newport Boulevard was eliminated with the addition of a drainage box culvert. Revised Retaining Wall No.38 was required Along the %vest side of Old Newport Boulevard to maintain. n 12 slope. This is a standard Type 7 wall. 94 hrs at S90 /hr = S8,460 C.3 Retaining Wall No.40 was ad ?ed at the toe of slope along the east side of Newport Boulevard north of the kook remps. This %%all was required to maintain a 1:2 slope . within the State's right -of -way with the addition of curb, guuer and sidewalk up to Hospital Road. 80 hrs at $901ir - S7,200 D. Additional Aesthetics Workshops Following the 95% Submittal, the City requested additional aesthetic workshops both with the City and a public workshop. This required preparation of new displays as well as attendance at the meetings and workshops. This work included both the project consultant and landscape architect subconsullant. 62 hrs at S90 /hr = S5$80 j:U795 SilwnrQ,dcmntl; qr_ • 06/11/57 16:28 NOFFRTT 8 NICHCl/O'RQURKE ONT.CA -r 1217146443308 . E. Foundation Design and Geotechnical Report Support NO. 051 D05 An extraordinary amount of effort was required in working with the City's geotechnical consultant and Caltrans to both resove design concerns, provide quality control and process guidance to the gcotechnical consultant and to take steps with Caltrans to accelerate the review process. Without these efforts, wt would not have been able to obtain Caltrans approval in time, and very possibly would have ended in a recommendation by Caltrans to replace the bridge which would have drastically increased construction cost beyond the funds available. 353 hrs at 590ihr = $31,770 F. Extension of Relocation Limits and Redesign of the Gravity Sanitary Sewer Along the East Side of Newport Boulevard and North of Pacific Coast Highway With the initial addition of Sanitary Sewer relocations (Design Contract Modification No.2) we selected a concept and developed final design for the realignment of the gravity sewer line along Old Ncuport Boulevard. Follov.'ing the 95% Submittal, and based on the proposed design change to add the box rulven along Newport Boulevard, the Sanitation District revisited the initial concepts. This resulted in the decision to revise the gravity sewer aligrmtent and required a redesign of the gravity sewer plan, profile, and . manhole base details. 198 hrs at 590/hr = 317,820 G. "Arches" Parking Lot Based on comments from the aesthetics workshops and meetings, the design of the parking lot along Old Newport Boulevard north of Pacific Coast Highway was revised to provide colored concrete, curb, gutter, and driveway access. 38 ttrs at S90 1hr = S3,420 If, Drainage Box Culvert Following the 100% submittal, the design was modified to revise Retaining Wall No.38 along Newport Boulevard and provide a box culvert for the drainage ditch between Newport Boulevard and Old Newport Boulevard south o: the hook ramps. 246 hrs at S90/hr = $22,140 . j:U79S SSiuO.d'A�modl.do: 06/11/97 16:28 MOFFATT u NICHOL /O'ROURKE ONT_CA : 517146443308 N0.051 026 I. Additional Curb, Gutter and Sidewalk At the City's request, following the 100% Submittal, the limits of curb gutter and sidewalk improvements were extended to include the west side of Old Newport Boulevard between Pacific Coast Highway and the hook ramps, and the east side of Newport Boulevard north of the hook ramps. 161 bra at S901hr = S14,490 J. Additional Pavement Overlay Areas At the City's request, following the 100% Submittal, additional areas were identified for cold planing and AC overlay. 120 hrs at S90/hr = S10,800 K. Addition of Stairway in Northwest Quadrant Loop At the City's request, a stairway was added in the northwest quadrant loop ramp to provide ar, additional pail) of travel from the "accessible" walkway to the corner of Ramp • BI end Pacific Coast highway. 94 hrs at $901hr= $8,460 L. Traffic and Electrical Additional Work L.1 Cornraents by Caltrans revised the constriction traffic handling of Stage 1 -Phase 2 to require another temporary signal. Our initial proposal planned two temporary signals, this additional requirement brought the total number of temporary signals to three. 80 hrs at $751hr = $6,000 L.2 The City added requirements for City lighting along Newport Boulevard. A first request covered the west Side of Newport Boulevard and Ramp B1 from Hospital Road to Short Street and the east side from the hook ramps to Pacific Coast Highway. A second request added the east side of Newport Boulevard north of the hook ramps to Hospital Road 100 hrs at $75/hr =.%7,500 j.`3795 S3',ward�dcmad3.doc • 9 06/11/57 16:78 M TATT 3 NICH :L /0'ROURKE CNT.CA -? 917146443308 N0.051 L.? Caltrans requested the addition of two overhead sips along Newport Boulevard, one northbound Newport Boulevard at the hook tamps, and a second on southbound Newport Boulevard at Ramp B 1. 12 lira at S75.fhr = $900 M. Landscaping Additional Work M.1 Revised median planting and irrigation to accommodate changes to median island planting areas by City. 40 hrs at S83fttr = $3,320 M.2 Provided new rendering for additional City meetings and public workshops regarding project aesthetics. 94 hrs at $83/hr - 57,802 M3 Revised irrigation controller system per City mair_tenarce. 15 hrs at 583/hr = 51,245 MA Revised landscaping in northwest quadrant loop ramp for stairway addition. 15 hrs at $83/hr = $1,245 M.5 Added landscaping areas to notch side of Ramp B1 at Pacific Coast Highway and along the south side of Pacific Coast Highway at Ramp D2 (D 1). 40 hrs at S83/hr = $3.320 M.6 Revi >ed tree heights between Newport Boulevard and Old Newport Boulevard. 15 li s at $831hr = $1,245 N. Additonal Surveying Services Additional supplemental field surveys for sanitary sewer systems and utility potholing. 25.5 hrs at S85/hr = S 2,168 5 . J'1r79S SSlwnrdWrn +od3.dtt 0 ©7 06/11/97 16:28 MOFFATT & NICH2L /0'ROUR.KE ONT.CA 4 917146443308 0 i SUMNLARY Design Contract Modification No.3 NeHport Boulevard aR- 55)/Pacif+c Coast Hig)nvay (SR -1) "Arches" Interchange Project N0.051 D38 0 Task M &N LCI FPL PS01%48 A $36,090 B1 S14,850 C2 $ 8,460 _ C3 $ 7,200 D $ 5,580 & 531,770 F 517,820 G S H S22,140 LI $ 6,000 L2 $ 7,500 L3 $ 900 N15 $ 3,320 M6 $ 1.245 SUBTOTAL $200,160 $18,177 $14,400 $ 2,168 TOTAL S234,90S I —I LA 6 l:o7os s iao • qty of Newport Bead BUDGET AMENDMENT 1996 -97 FECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Budget Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues X from undesignated fund balance EXPLANATION: NO. BA- 064 AMOUNT: 52,748,1s7.00 Increase in Budgetary Fund Balance AMQ X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To appropriate funds for the Newport Boulevard and Pacific Coast Highway "Arches" Interchange Improvements. $1,599,086 will be from bond proceeds, $440,000 was contributed from Hoag Hospital and $709,081 will be from future contributions. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 430 3605 . 250 3605 REVENUE APPROPRIATIONS (3601) Fund /Division Accoun 250 4858 EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Control Fund Balance Control Description Refund and Reimbursements from Govt. Signed Director Amount Debit Credit $1,599,086.00 $440,000.00 . $709,081.00 $1,599,086.00 $709,081.00 $440,000.00 & �— / %l�: 7 Date 6 -17- Y% Date Signed: City Council Approval: City Clerk Date Description Division Number 7432 CIOSA Loan Expenditures Account Number C5100199 PCH /Newport Blvd Improvements Division Number 7251 Contribution Account Number C5100199 PCH /Newport Blvd Improvements Division Number 7253 Public Works Account Number C5100199 PCH /Newport Blvd Improvements Signed Director Amount Debit Credit $1,599,086.00 $440,000.00 . $709,081.00 $1,599,086.00 $709,081.00 $440,000.00 & �— / %l�: 7 Date 6 -17- Y% Date Signed: City Council Approval: City Clerk Date j I I I L I city Clerk II • ec 7n cek ��a 3/` ? NOTICE INVTrING BIDS Sealed bids will be received at the office of the City Clerk. 3300 Newport Boulevard, Newport Beach, CA 92663 -3884 until 11:00 A.M on the 10th day of Tune_ ,1997. at which time such bids will be opened and read for. Newport Boulevard (SR 551 / Pacific Coast Highway (SR 1) "Arches" Interchange Improvements Title of Project 28% Contract No. $13,000,000 Engineer's Fstimate FO Approved by the City Council this 28th day of Aril ,1997 LaVonne Harkless, City Clerk Prospective bidders may purchase bid documents for $75.00 per set at the Public Works Department, 3300 Newport Boulevard, Newport Beach. Prospective bidders should attend a prebid meeting at 9:00 am May 28,1997 in the Fire Conference Room, 3300 Newport Boulevard, Newport Beach. For further information, please contact Llovd Dalton, P.E. at (714) 644 -3328 Project Manager CITY OF NEWPORT BEACH `f PUBLIC WORKS DEPARTMENT CONSTRUCTION ON NEWPORT BOULEVARD (SR56) I PACIFIC COAST HIGHWAY (SR 1) "ARCHES "INTERCHANGE IMPROVEMENTS CITY CONTRACT C -2886 JUNE 1997 PROPOSAL TO THE HONORABLE CITY COUNCIL City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92883 -3884 Gentlemen: The undersigned declares that he/she has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete City Contract No. C -2886 in accordance with the Plans and Special Provisions, and will take full payment therefore the following unit price for the work, complete In place, to with: P-1 ITEM UNITS ESTIMATED REM PRICE TOTAL REM OF QUANTITY ON FIGURES) ON FIGURES) NO. I MEASURE MISCELLANEOUS 1 MOBILIZATION 8 FIELD OFFICE LS LUMP SUM LUMP SUM 2 NOT USED GRADING AND REMOVAL 3 CLEARING AND GRUBBING LS LUMP SUM LUMP SUM 4 ROADWAY EXCAVATION M3 3550 9S SDI % 5 JIMPORTED BORROW M3 12150 15 iwSD 6 NPDES COMPLIANCE LS LUMP SUM LUMP SUM qp )00M_ r 7 REMOVE METAL BEAM GUARD RAILING M 55 _ �0 Ips�� (S) 8 REMOVE BASE AND SURFACING M3 850 ... 25SOOe. P-1 i J Ah Ilk P -2 UNITS ESTIMATED EM PRICE TOTAL ITEM OF QUANTITY ON FIGURES) (IN FIGURES) NO. MEASURE (S) (S) 9 REMOVE CONCRETE SIDEWALK AND M2 1170 DRIVEWAY 6E ID7-C) 10 REMOVE CONCRETE CURB M 730 'S `.D 3(o SDw 11 REMOVE CONCRETE CURB AND M 1350 GUTTER �i �° lO�j/V VD O ✓1J 12 REMOVE RAISED TRAFFIC ISLAND M2 1200 144 Dti 13 REMOVE CONCRETE STAIRWAY LS LUMP SUM LUMP SUM 14 REMOVE TIMBER RETAINING WALL LS LUMP SUM LUMP SUM 3 boo LAYOUT AND CONSTRUCTION DETAILS 15 COLD PLANE AC PAVEMENT M2 18730 So (S) 1 bs 30904- 16 CLASS 2 AGGREGATE BASE M3 2480 <j3' 10(c1ay�� 17 ASPHALT TREATED PERMEABLE BASE M3 180 I f D lq goU`� 18 ASPHALT CONCRETE (TYPE B) TONNE 6650 iJ3C°- 28S5:S�- 19 PCC PAVEMENT M3 400 f 80 op z Dw 20 CONCRETE CURB TYPE Al -200 M 630 33 ZD'79D 21 CONCRETE CURB, TYPE A2 -200 M 2480 31`- CH ? 4D`� 22 CONCRETE CURB TYPE 132 M 300 9Qoo 23 CONCRETE CURB TYPE B2M M 320 DS1�D 24 CONCRETE CURB TYPE B3 M 610 33`b ZD)30 25 100 mm CONCRETE SIDEWALK M2 6130 GI IX I C 26 150 mm CONCRETE SIDEWALK M2 120 Zlo °-° 3 r Zo°' 27 STAMPED COLORED CONCRETE M2 2940 00 y � l 1352�1� 28 CONCRETE CURB RAMP, CASE D EA 22 Zscfl" 55op� P -2 dill �1 P -3 HIM UNITS ESTIMATED ." M PRICE TOTAL ITEM OF QUANTITY (IN FIGURES) (IN FIGURES) NO. MEASURE (S) (S) 29 CONCRETE DRIVEWAY, TYPE III EA 3 I 0 Z}CD 30 CONCRETE ALLEY PER DETAIL LS LUMP SUM LUMP SUM ON SHT C-10 2(40D- y 31 31 PARKING LOT PER DETAIL ON SHT C-9 LS LUMP SUM LUMP SUM ED 30 UCO 32 TRUCK PULLOUT PER DETAIL LS LUMP SUM LUMP SUM ON SHT C-8 D 33 MEDIAN LANDSCAPE OPENINGS, LS LUMP SUM LUMP SUM WATERPROOFING AND DRAINAGE ' CD SYSTEM PER DETAIL ON SHT C-8 34 WELDED STEEL PIPE CONDUIT M 47 Z 0 ' OR - 3l Ioa 35 EDGE DRAIN, TYPE 6 LS LUMP SUM LUMP SUM 9 00D DRAINAGE 36 ABANDON CULVERT M 80 3o`D ZyCD 37 REMOVE CULVERT M 100 to S "' l0 5com 38 REMOVE INLET EA 8 1) CD 8$OD 39 REMOVE CONCRETE COLLAR EA 3 op qCD 1ZC0 40 CAP INLET EA 6 FEUD BDd 41 450 mm REINFORCED CONCRETE PIPE M 890 �, D Jgto9�� 42 DRAINAGE INLET TYPE OS EA 11 a aD z2lz 43 DRAINAGE INLET TYPE OL EA 17 (y, U, 44 DRAINAGE INLET TYPE GO EA 10 0 a> I SCZ7 J SCa-� 45 DRAINAGE INLET TYPE GOL EA 1 w 4 cm (4cm- 46 DRAINAGE INLET TYPE G1 EA 4 _ 47 STORM DRAIN MANHOLE EA 3 48 CONCRETE COLLAR EA 12 'SW� I CTID P -3 ah All P-4 I UNITS ESTIMATED qlWEM PRICE TOTAL ITEM OF QUANTITY ON FIGURES) ON FIGURES) NO. MEASURE (S) (_) 49 PIPE SLOPE ANCHOR EA 10 0 tpov bczv -- 50 CONCRETE HEADWALL M3 1 r, I �OV , _ 51 ROCK SLOPE PROTECTION M3 165 0 '7S`� 123`IS" 52 STORM DRAIN CULVERT CONCRETE M 100 _ I J� 53Sim` ENCASEMENT 53 ADJUST DRAINAGE SYSTEM MANHOLE LS LUMP SUM LUMP SUM tG AND VAULT FRAMES AND COVERS TO �) " GRADE 54 REINFORCED CONCRETE DOUBLE M 160 G1 BOX CULVERT (4.8m x 1.5m) SANITARY SEWER 55 305 mm DUCTILE IRON PIPE LS LUMP SUM LUMP SUM (S) CONNECTION PER DETAIL `¢ I ooym ON SHT SS -3 56 610 mm DUCTILE IRON PIPE, LINED M 215 co 17 - (S) AND COATED (GRAVITY) so 57 (S) 610 mm DUCTILE IRON PIPE, LINED AND COATED (FORCE MAIN) M 95 I zoo I L� 58 508 mm WELDED STEEL PIPE, LINED M 142 so (S) AND COATED I) DO I S(aZCt�� 59 690 mm OD WELDED STEEL PIPE M 87 (S) CASING gUD co U9tvcv 60 610 mm DUCTILE IRON PIPE LS LUMP SUM LUMP SUM w (S) CONNECTION PER DETAIL ON SHT SS-6 61 CONCRETE THRUST BLOCK EA 8 (S) Soo y aco 62 MODIFY 610 mm AND 560 mm DUCTILE LS LUMP SUM LUMP SUM (S) IRON PIPE SEWER JUNCTION PER DETAIL ON SHT SS-7 63 REMOVE SEWER PIPE M 20 lOD@ OR Z.oco (S) 64 DESIGN, SUBMIT AND CONSTRUCT, LS LUMP SUM LUMP SUM m (S) GRAVITY SEWER BYPASS Isoco- 65 DESIGN, SUBMIT AND CONSTRUCT EMERGENCY SEWER FORCE MAIN LS LUMP SUM LUMP SUM 02 3OCDp BYPASS 66 ABANDON SEWER M 270 yD IBC� C) 67 REMOVE SEWER MANHOLE EA 4 l ' LI"cm 1 68 (S) MODIFY SEWER MANHOLE BASE EA 3 C SUUD m i s P-4 71 SEWER MANHOLE EA 4 o w (S) I QPM 72 REPLACE PAVEMENT SECTION PER M2 90 CITY STANDARD PLAN STD-105-L 92 73 ADJUST SEWER MANHOLE TO GRADE EA 7 (S) �C� Zgt7pCO 74 TRENCH AND SHORE FOR LS LUMP SUM LUMP SUM (S) CONSTRUCTION OF SANITARY SEWER ppGo (p 75 TRAFFIC CONTROL FOR LS LUMP SUM LUMP SUM (S) CONSTRUCTION OF SANITARY SEWER ' J COD' 76 SEWER PIPE CONCRETE M 65 CD (S) ENCASEMENT Z SDI I iD ZSD WATER 77 ADJUST WATER SYSTEM MANHOLE, LS LUMP SUM LUMP SUM VAULT AND VALVE COVERS AND SLR FRAMES TO GRADE 78 2" WATER SERVICE LS LUMP SUM LUMP SUM 35c� 79 WATER LINE CONCRETE M 5 ENCASEMENT (} y p ZWD STAGE CONSTRUCTION 80 CONSTRUCTION AREA SIGNS LS LUMP SUM LUMP SUM c� (S) 4ocDb 81 TRAFFIC CONTROL SYSTEM LS LUMP SUM LUMP SUM (S) SSc 82 TEMPORARY RAILING (TYPE K) M 3910 83 TEMPORARY CRASH CUSHION EA 164 L l MODULE 84 TEMPORARY TRAFFIC SIGNAL LS LUMP SUM LUMP SUM (S) SYSTEMS PAVEMENT DELINEATION 85 MARKERS AND DELINEATORS LS LUMP SUM LUMP SUM w S6 THERMOPLASTIC STRIPE AND /OR LS LUMP SUM LUMP SUM ,P (S) PAVEMENT MARKERS 87 THERMOPLASTIC PAVEMENT LS LUMP SUM LUMP SUM (S) MARKINGS b 6� P -5 ITEM U UNITS E ESTIMATED R REM PRICE T TOTAL ITEM O OF Q QUANTITY O ON FIGURES) ( (IN FIGURES) NO. M MEASURE ( ($) ( (S) 69 R RECONSTRUCT 915mm DUCTILE IRON L LS L LUMP SUM L LUMP SUM (S) P PIPE FORCE MAIN Q Q� 70 6 610 mm VCP SEWER M M 7 72 (S) I P -5 a a P-6 ITEM UNITS ESTIMATED EM PRICE TOTAL ITEM OF QUANTITY ON FIGURES) (IN FIGURES) NO. MEASURE ($) ($) 88 PAINT TRAFFIC STRIPE (2 —COAT) AND LS LUMP SUM LUMP SUM vv (S) /OR PAVEMENT MARKERS �pr �- SIGNING 89 ROADSIDE SIGNS LS LUMP SUM LUMP SUM 90 INSTALL ROADSIDE SIGN (STRAP AND EA 17 SADDLE BRACKET METHOD) 1 91 OVERHEAD SIGN LS LUMP SUM LUMP SUM �p RETAINING WALLS AND SOUNDWALLS 92 (F) RETAINING WALL NO 5A M2 170 CD I 10 cp 93 (F) RETAINING WALL NO 5B M2 36 / 1 � � q l (1 t 94 RETAINING WALL NO 33A M2 25 0, cp— (F) (Z 95 (F) RETAINING WALL NO 33B M2 146 ago m )303zD 96 (F) RETAINING WALL NO 36A M2 38 LOC zzg( i 97 RETAINING WALL NO 36B M2 683 R, (F) SZSq� 98 (F) RETAINING WALL NO 37 M2 1551 350' 0 131$3Z 99 (F) RETAINING WALL NO 38 M2 272 OD 100 (F) RETAINING WALL NO 40 M2 63 SISO _ 101 SOUND WALL 33A M2 208 (S -F) 17 p 3S 31ao . 102 SOUND WALL 33B M2 92 3sc) (S-F) 103 (S-F) SOUND WALL 33C M2 25 13()- :. 104 CONCRETE STAIRWAY, LOCATION 1 LS LUMP SUM LUMP SUM q "e 105 CONCRETE STAIRWAY, LOCATION 2 LS LUMP SUM LUMP SUM HIGHWAY PLANTING AND IRRIGATION 106 (S) HIGHWAY PLANTING LS LUMP SUM LUMP SUM a P-6 ! y r, r_7 Ab R UNITS ES ITEM OF UANTIT1k Q1i? $�11 MEASURE (' 107 ROADSIDE CLEARANCE LS SUM LUMP SUM 114W 108 (S) ROCK BLANKET M2 1270 40e 1t43c 109 TRANSPLANT PALM TREES EA 52 S (S) 20X°- 110 (S) MAINTAIN EXISTING PLANTS LS LUMP SUM LUMP SUM tt��yypp��� 'V WD 111 PLAN ESTABLISHMENT WORK LS LUMP SUM LUMP SUM m (S) lO (l,•[�� 112 IRRIGATION SYSTEM LS LUMP SUM 'LUMP SUM (S) 1bOC� ELECTRICAL 113 LIGHTING AND SIGN ILLUMINATION LS LUMP SUM LUMP SUM (S) ����••yyyyqq��or� 114 (S) CITY LIGHTING AND NAVIGATIONAL LIGHTS LS LUMP SUM LUMP SUM w rMY M 115 SIGNAL MODIFICATION (LOCATION 1) LS LUMP SUM LUMP SUM o 116 (S) SIGNAL MODIFICATION (LOCATION 2) LS LUMP SUM LUMP SUM ��.' cwt�tJ� NEWPORT CHANNEL BRIDGE (WIDEN) (BR NO 55 -0035) 117 REMOVE AND REPLACE PORTION LS LUMP SUM LUMP SUM ce STRUCTURE APPROACH SLAB l vj�m 118 REMOVE TIMBER PILE DOLPHINS LS LUMP SUM LUMP SUM do- y� 119 BRIDGE REMOVAL (PORTION) LS LUMP SUM LUMP SUM co BDccp' 120 STRUCTURE EXCAVATION (BRIDGE) M3 :285 � (F) ( �� y�ro off/ 121 (F) STRUCTURE BACKFILL (BRIDGE) M3 140 � 122 FURNISH TREATED TIMBER PILING M 66 q 3 Slo 123 (S) TIMBER PILE DOLPHIN EA 2 ZfJCr-1D 00D 124 FURNISH 400 MM SO PRECAST M 11081 PRESTRESSED CONCRETE PILING V 1 (o J`r 125 DRIVE 400 MM SO PRECAST EA 61 w M (S) PRESTRESSED CONCRETE PILING 3 P-8 REM UNITS ESTIMATED PRICE TOTAL ITEM OF QUANTITY ON FIGURES) (IN FIGURES) ryp, MEASURE (S) (S) 126 STRUCTURAL CONCRETE, BRIDGE M3 25 (F) FOOTING 127 STRUCTURAL (F) CONCRETE, BRIDGE M3 360 ^w 223 z W 128 STRUCTURAL CONCRETE, APPROACH M3 50 (F) SLAB (TYPE N) 129 STRUCTURAL CONCRETE, APPROACH M3 45 w SLAB (TYPE R) 130 (F) RAISED MEDIAN M2 175 131 DRILL AND BOND DOWEL M 175 bq� ?-Co' 11 132 FURNISH PRECAST PRESTRESSED CONCRETE SLAB (TYPE SIV) M2 745 Cp 2 1 2D) (F) 133 (S) ERECT PRECAST PRESTRESSED CONCRETE DECK UNIT EA 65 I t r]I� 134 REFINISH BRIDGE DECK M2 10 3sc) 3SOD 135 CORE AND PRESSURE GROUT CONCRETE M 90 rj`j� m SD (S) (75MM) 0 9 136 NEOPRENE TELL -TALE LS LUMP SUM LUMP SUM m 3 137 JOINT SEAL (TYPE B, MR =50 MM) M 28 OR (s) 300 8 q COQ 138 BAR REINFORCING STEEL (BRIDGE) KG 38,000 (S-F) 130 L494co 139 CLEAN AND PAINT EXISTING STEEL LS LUMP SUM LUMP SUM cv (S) 9 P - 140 MISCELLANEOUS METAL (BRIDGE) KG 1,730 ,p (S-F) 141 (S-F) TUBULAR HANDRAILING (MODIFIED) M 70 3DO 21CC0 142 CONCRETE BARRIER (TYPE 26 M 70 w- (F) MODIFIED) tp cl zpco SR- 55 1SR -1 SEPARAT)ON (BR NO 55 -0966) 143 BRIDGE REMOVAL LS LUMP SUM LUMP SUM CQ 1) D� 144 STRUCTURE EXCAVATION (BRIDGE) M3 1,170 cr, y (F) 'l0 8) 9� 145 STRUCTURE BACKFILL (BRIDGE) M3 515 (F) r� LC)� sl;JP f� P-8 �-1 r-] TOTAL BID ITEMS 1 THROUGH 159 ... ............................... RITTEN IN WORDS: Eleven million nine hundred thirt@OLLARS AND cv three thousand nine hundred CENTS sixteen an fi ty cents • $RUTOCO ENG. & CONST., INC. MICHAEL. H. RING BIDDER AUTHORIZED SIGNA U ENTITLE PRESIDENT (909) 350 -3535 BIDDER'S TELEPHONE NUMBER CA 247770 A 6/30/97 _ CONTRACTOR'S LICENSE NO. EXPIRATION DATE 2337 (909) 350 -3535 CONTRACTOR'S TELEPHONE NUMBER P -9 REM UNITS ESTIMATED REM PRICE TOTAL ITEM OF QUANTITY (IN FIGURES) ON FIGURES) NO. MEASURE 146 FURNISH PILING (CLASS 625C MODIFIED) M 3,169 q Q:s VD' m D 147 (S) DRIVE PILE (CLASS 625C MODIFIED) EA 168 l 00W ! gy gCD 148 (S) PRESTRESSING CAST -IN -PLACE CONCRETE LS LUMP SUM LUMP SUM IDDCDb- 149 (F) STRUCTURAL CONCRETE, BRIDGE FOOTING M3 245 � soo, ZZJ� 150 (F) STRUCTURAL CONCRETE, BRIDGE M3 2,000 _ -3 151 (F) STRUCTURAL CONCRETE, APPROACH SLAB (TYPE N) M3 180 q-so 81 152 RAISED MEDIAN M2 420 (F) 153 FRACTURED RIB TEXTURE M2 275 (F) lop`° I to sm 154 (S) JOINT SEAL (TYPE B, MR =50 MM) M 86 13D`p 1) I TO 155 BAR REINFORCING STEEL (BRIDGE) KG 253,000 s C�l (S -F) ) 5()I SSD 156 610MM WELDED STEEL PIPE CASING (BRIDGE) EA 4 1 7CV 1p�DDm 157 SLOPE PAVING (SLUMPSTONE) M2 690 te (F) 1Otm o 3)qc) 158 (S-F) PIPE HANORAILING M 158 1149 3 loQ7Li17 159 (F) DECORATIVE CONCRETE BARRIER M 158 y Go to L4 co TOTAL BID ITEMS 1 THROUGH 159 ... ............................... RITTEN IN WORDS: Eleven million nine hundred thirt@OLLARS AND cv three thousand nine hundred CENTS sixteen an fi ty cents • $RUTOCO ENG. & CONST., INC. MICHAEL. H. RING BIDDER AUTHORIZED SIGNA U ENTITLE PRESIDENT (909) 350 -3535 BIDDER'S TELEPHONE NUMBER CA 247770 A 6/30/97 _ CONTRACTOR'S LICENSE NO. EXPIRATION DATE 2337 (909) 350 -3535 CONTRACTOR'S TELEPHONE NUMBER P -9 Page 2 y INSTRUCTIONS TO BIDDERS L The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) L BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) + BIDDER DBE INFORMATION (Page 6A) L except that cash, certified check or cashiers check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words ',Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents lis6d L above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. L� BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. L The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL L multiplied by unit price submitted by the bidder. In the event of error In the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held resporsible for bidder errors Land omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any Lminor irregularity or informality in such bids. All documents shall bear signatures and titles of persons authorized to sign on behalf of the I bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The Contractor shall be responsible for compliance with provisions of °Required Contract Provisions Federal -Aid Construction Contracts', form FHWA 1273 attached as an appendix hereto. L i_ . L247770 A Contractor's License No. & Classification L BRUTOCO ENG. & CONST.. INC. LBidder L 6,,0,97 Date L L' L r L i i L 5/97 • Page 2A "OW?4et) Authorized Sign /title MICHAEL H. KING - PRESIDENT Page 3 Yy DESIGNATION OF SUBCONTRACTOR(S) L State law requires the listing of all subcontractors who will perform work in an amount in L excess of one -half of one percent of the Contractors total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law L Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted j for any moneys to be withheld to endure performance under the Contract. L The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used L. subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. I f. L 2. 3. 4. I 5. L 6. 7. 8. (vo r 1i.)n UJ -Qfr� g u o \ Q 10. fc�yl CCL I I l O do n s 1 �1�(7Y1 A 6.--. L 11. kC't kaln I �T IZ1117� lni�t�. n<\� 1' AC �l e X ' 12. uyllrr•.rv. TrraS9 .�PDr�6ny 9 7 Mot of lr i m, L L BRUTOCO ENG. & CONST., INC. Bidder Authorized Signeyvitle j a MICHAEL H. Y40ING - PRESIDENT 5/97 I iast }e ',a�i 23C L 1 Page 3 L' DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in L excess of one -half of one percent of the Contractors total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any moneys to be withheld to endure performance under the Contract. L The Bidder, by signing this designation, certifies that bids from the following subcontractors L have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. LSubcontract Work Subcontrla�ctopr Address L 2. raj Inns fyr�i c� o11AI�� Jne-- 3. 4. I L 5. L 6. L 7. 8. 9. L 10. i L 11. L 12. BRUTOCO ENG. & CONST., INC. Bidder S/97 e T(J'H-q t1 Authorized SignaturefW MICHAEL H. KING - PRESIDENT LNON- COLLUSION AFFIDAVIT L State of California ) ss. County of SAN RF.RNARDINO L L L L L L 1 IL L L I i` L L_ Page 5 MICHAEL H. KING being first duly swom, deposes and says that he or she is PRESIDENT of BR TOC O ENG & COUST INC. the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sougfit by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. BRUTOCO ENG. & CONST., IN Bidder Authorized Signature/T MICHAEL H. KING - PRESIDENT Subscribed and sworn to before me this 1 0thday of JUNE . 19 97 6�4XL , �k (1"� Not ry Public KAREN M. SHA (tkELFORD My Commission Expires: APRIL 1 1 , 1999 5/97 [SEAL] 8N4kCKELFORD Notay PLac — CaijforNa SAN BERNARDINO COUNTY MY Comm• E)pIres APR 11, 1999 BRUTOCO ENG. & CONST., INC. Bidder 5/97 I Lam. Tort, Authorized Signatu le MICHEAL H. NG — PRESIDENT L: Page 6 a ! L• TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that Lproposed herein which he /she has performed and successfully completed. Year For Whom Person Telephone L Com feted Performed (:Detail) To Contact Number CIP2220 1997 CITY OF IRVINE SAGE DAVIS 714 - 724 -7555 07- 112584 L 1997 ST OF CALIFORNIA JOE TEHRANI 310 - 768 -1704 E6000330 1997 CITY OF LA CESAR GIRON 213- 847 -8919 E6000315 1997 CITY OF LA JOHN YOE 213- 847 -8929 AIP306013914 CITY OF LA L 1997 DEPT OF AIRPORTS MARK VICELIJA 310 -645 -2996 07- 120334 1997 ST OF CALIFORNIA CHRISTINA RUANO 805- 257 -0273 L PW -552 1996 CITY OF BUENA PRK NABIL HENEIN 714 -562 -3685 I AIP306013916 CITY OF LA t 1996 DEPT OF AIRPORTS MARK VICELIJA 310 - 64.5 -2996 #549 1996 CITY OF CARSON SCOTT BUCHHOLZ 310 - 432 -1978 07- 120274 1996 ST OF CALIFORNIA PAUL SULLIVAN 818- 637 -2506 08- 202804 L_ 1996 ST OF CALIFORNIA GARY WATERS 909 - 481 -4353 i i BRUTOCO ENG. & CONST., INC. Bidder 5/97 I Lam. Tort, Authorized Signatu le MICHEAL H. NG — PRESIDENT z O fY O LL z W in 0 It W D O m I d z m C co t Z fL C O M E FIL� E c o cc t . rn � N O C ��UE M CO m m N U ca op. E 0a mzLOrn Z C lC O 1 L O > m —r- -ca r O y Mr- 'D m 3 EZa 7 z c Qa0 < r7. Page -6A �[�s Y� : 0 z M A CP N c • N U Z J w x oma 0 o •a � ° z a aw W W U, v NNm � m Q U Q z O fY O LL z W in 0 It W D O m I d z m C co t Z fL C O M E FIL� E c o cc t . rn � N O C ��UE M CO m m N U ca op. E 0a mzLOrn Z C lC O 1 L O > m —r- -ca r O y Mr- 'D m 3 EZa 7 z c Qa0 Page -6A �[�s Y� : 0 z Z O O cw J O � Z i � W m O 2 � U Q � C7 z CO 0 a cs o m W 0 W N LL � W �nmmmi � � m uj J_ O w 'S J -� cc O m 'S w w LO ���IIIIIIIII �I�IIIIIIIII Page -6A �[�s Y� : 0 z Z O O cw J O � Z i � W m O 2 � U Q � C7 z CO 0 a cs o m W 0 W N LL � W � � m uj J_ O w 'S J -� cc O m 'S w w LO 11 0 6 Page 7 NOTICE TO SUCCE=UL BIDDER The following Contract Documents shall b6 xecuted and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder. ' LABOR AND MATERIALS PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) CONTRACT (Page 13) The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned ' Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Propg - Casualty Coverages shall be provided as specified in the Caltrans Standard Specifications July 1995 Edition, except as modified by the ' Special Provisions. 1 u 1 atv 15:13 FAX 909 622 9661 BFL'r0CQ ENG. JUL 30 '97 03:01PM A & 0 0002 All operations performed for t)-,e eity of Nzwport Beach by or on Irha If of U-k- namod ij%sured in connection with, but rot 11rdited to t a following carrtzact" Boulevard (SR 55)/Paclfic mast Hi ay (SR 1) "AW&S., (2896LINrER01 c�, . o a CITY OF 1UN43CRr HFACH P-o. R= 1768 noo N54pm aammw NL:di7iri' BEAM, CA 92658-891S A' N: UOYD DALTCV VnLUAmA.SADW: V, mom ra m ?�W CWTVWAn 0 Mi"Im &A A, WATTER OF avem"Two ALN RISK MIMCES opty AID cowus WI:. MWM Lr= TM CBnVWATE 70 , WMIMM ELVD. I SWIE 6000 i HOLM. Tm Cunmi'm bm Wt Amm, Exmv (a WS ANIELES, CA 90011 ALTO THE COVERAW 11 40PEW W TM POU099 MOW. WMLIM SADDER c covem" A FRIMANS PJW.0 CO BRUTOCO E14GINEV41116 o C01,11',TRUCrTION B CLA AWWAMCO ,P.O- Box 429 INC. f. — F WTANA, CA 92335 AA! PRUSLAASM! 3 Atm; Karen Shack Ar"NAT" A um to TWIS 6 T CERTVI TKAT 74t PDJCIU OF HQJR%N" LASY(D B&OW HAVE sWq WkM no THE ft=�!, RhAm AMD 1IE pmrmpmrT 161m NOCATW. NOTWMqSTAXIONEC AMPT RFOIJVWM0ff. TLqU OR COPOfni.44 OF A WWTPACT (" OTHM (IijXMW Wk NVW To WAM TM CENT'FICAIII ULAT BE CMW OR SLAY MIT", THE 0MIRANCZ AMMOM W TWI MLIrS OF CXW� W M 16 *MjWf To aiL TM( rM%M "O.WSIMS AND COMMONS or %J04 Poums. UWTS 340" ----------------------- way WAVE RE01.9a) " PAW U m is. --- rymavftft� AXWEPM amuc, riumma"m mmWW OaTtd� 1 x amCN: goo MCLIAMIRM2 IT.— 10.90 .—.T,- So to A qaoau u.ant OXA 1638I5 10MI11557 0 cvmmmam, sum INSURANCE APPRO E 19K MANAGER i. �Thaa CaLl. 11 c SE9325336 1010111996 1010111197 -s.moan • C; 0 C0004,72001 •woltlm 11010111997 IYI ,— iii I goo go. y�wTtipdMJrM cmmuoN . amem I All operations performed for t)-,e eity of Nzwport Beach by or on Irha If of U-k- namod ij%sured in connection with, but rot 11rdited to t a following carrtzact" Boulevard (SR 55)/Paclfic mast Hi ay (SR 1) "AW&S., (2896LINrER01 c�, . o a CITY OF 1UN43CRr HFACH P-o. R= 1768 noo N54pm aammw NL:di7iri' BEAM, CA 92658-891S A' N: UOYD DALTCV VnLUAmA.SADW: V, mom ra m �uoi Dxuauco lb 003 JUL 30 'S7 03; 02PM A &� . P.3/4 1 FXCESS LIABILITY It i2 agreed that: 1. With respect to such insurance as is afforded by the policy for Fxce: ; Liability, the City of Newport Beach, its officers and employees, and the State of California, its officers and employees are additional insureds, but only with respect to liabil ity arising out of operations performed by or on behalf of the named insureds in conry ction with the contract designated below or acts and omissions of the additional imi.ireds in connection with its general supervision of suelt operations. The insurance afforded said additional insured(s) shall apply as primaray insurance and no other insurance maintained by the City of Newport Beach or the State of California shall be called upwi the contribute with insurance provided by this policy. 2. The policy includes the following provision The insurarce. afforded by the policy applies separately to etch insured against whom claim is made or suit is brought, except with respect t the limits of Bability of the company affording coverage. 3. The insurance afforded by the policy Contractual Liability lnsuranc. isubject to the terms, conditions and exciusiens applicable to :uch insurance) incit:.les liability assumed by the named insured under the indemnification er held harmless p, :visor cantained in the written contract desienated below, hetween the named insured z. d the City of Newport Beach. 4. With respect :o ;uoh insurance as is afibrded by tail policy, the exc :usions, if any, pertaining to the explosion hazard, cclfapse hoard and u:rdetgrour< property hazard (commonly referred to as " XCU" hazards) are deleted. 5. The limits of liability uncle: this zndorscment for the additional insired(s) named in Paragaph 1 of this endersemeatshall be the limits indicated below - ,.vritten on as "Occurrence" basis: ( X ) Commercial ( ) Compreht give S5,000.0 O each occurre :.ce 55.OrJ0 OOU aggregate -he applicable limit of Contractual Liability fur the company afford: •.g overage shall b, reduced by any amo:mt paid as damages under this endorsement in be: alf of the additional insu-ed(s)- 07/30!97 WED 15:16 FAX 909 622 9001 BRUPOCO ENG. 121004 JUL 30 '97 0-1: WPM R &. � P.4i4 2 The limits of liability as stated in this endorsement shall not increase the t,,tal liability of the company affording coverage for all damages as rile result o; ally one occurret: ::e in excess of the limits of liability stated in the policy as applicable to Excess Liability Insuran::. 6. Should the policy be non - renewed, canceled or coverage reduced befr a the expiration date thereof, the issuing Company shall provide 30 days advance notit to the City of 'Newport Beach by registered snail, Attention: Public Works Departin nt Newport Boulevard (SR 55 ) /Pacific Coast i. Designated Contract: Highway (SR 1) "Arches" Interchange LWM 3ments (2886) Project Title and Contract No. This endorsement is effective 6 -27 -97 ai 12:0: a.m. and forms a pt c of Policy BE932$336 AIU Insurance Comnany (Company Affording ..:overage). Irs..I*ec: Brutoco En4iner.ine Bc Cunctruction, Inc. Eudersement No. 01!A ISSUI \G COMPANY: AU \ FUSE SER4'iCES R n By vr� // l� _ )r Authorized Represented r F 1 I I �J 06 �►..: • AL•\ lt���71;!), ��L'7�1i[�i��.1�:�7:�9�dil�i•,� It is agreed that: Page 11 With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees, and the State of California, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach or the State of California shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: Commercial () Comprehensive General Liability $ 1,000,000 each occurrence $ 2,000,000 aggregate 1 The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). ' The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 5/97 e r' r r 1 r 1 1 1 r r Page 11A 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Newport Boulevard (SR 55) /Pacific Coast 7. Designated Contract: HighwaY (SR 1) "Arches" Interchange Iirpn[its. (2886) Project Title and Contract No. This endorsement is effective 6/27/97 at 12:01 a.m. and forms a part of Policy No. TNC0698950b94 Clarendon America Ins. Co. (Company Affording Coverage). Insured: Brutoco Engineering & Cons tEndorsement No.: 011A ISSUING COMPANY AON RISK SERVICES By. Authorized Representative William A. Sadler, Sr. V.P. 5/97 re _ss Page 12 AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees, and the State of California, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the Contract designated below. The insurance extended ' by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional L insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach or the State of California shall be called upon to contribute with insurance provided by this policy. ' 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the ' company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1 of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: ' () Multiple limits Bodily Injury Liability $ per person ' Bodily Injury Liability $ per accident Property Damage Liability $ Combined Single Limit Bodily Injury Liability & Property Damage Liability $ 1,000,000 ' The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 5/9] u t� _ Page 12A 1 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Newport Blvd. (SR 55)/Pacific Coast Hwy (SR 1) 5. Designated Contract: "Arches" Interchange IREPOVemmts (2886) ' Project Title and Contract No. ' This endorsement is effective 6/27/97 at 12:01 a.m. and forms a part of Policy No. 12A of Firemans Fund Ins. co. (Company Affording Coverage). ' En Insured: $�Sement No.: Brutoco Engineering & Const. 12A ISSUING COMPANY A011 RISK SERVICES LJ MTV Rerp—res=nt William A. Sadler I 1 I I 11 r] 1 1 5/9] INSURANCE Page 13 • THIS CONTRACT, entered into this 23r3 day of ,Time 1921 by and between the CITY OF NEWPORT BEACH, hereinafter "City," and B7„rnrrn En=- c Constr.. Inc. , hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: Newport Blvd. (SR 55)/Pacific Coast Highway (SR 1) "Arches" Interchange Inprovements C?f4leof'1 2886 Project Description Contract No. B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifcations. 5/97 NOW, THEREFORE, City and Contractor agree as follows: CONTRACT DOCUMENTS The complete contract for this Project inclides all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidders Bond, Non - Collusion Affidavit, Bidder DBE Information, Faithful Performance Bond, Labor and Materials Payment Bond,. Permits from other agencies as may be required by law, Standard Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. 2886, Caltrans Standard Specifications, July 1995 Edition, this Contract, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of eleven million mine hundred �' three t:housa nine hundred sixteen and fifty cents Dollars (S .933.91 .5� 0 ). Page 14 This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of [ the work, r but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 5. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: Cllr City of Newport Beach BXYI( 0 ENG. 5 CONSTR., INC. Public Works Department 14801 Slover Avenue 3300 Newport Boulevard Fontana, CA 92337 Newport Beach, CA 92663 Attn: Lloyd Dalton, P.E. 6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: °I am aware of the provisions of Section 3700 of the Labor. Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract" 7. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a Page 15 person authorized by that insurer to bind coverage on its behalf, on forms provided by City. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. „ •' • Z Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. Coverage limits shall be no less than those specified in the Caltrans Standard Specifications, July 1995 edition. 1. General Liability: $ 1,000,000 combined single limit for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $ ],,000.000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation limits as required by the Liability. 5)97 and Employers Liability: Workers' compensation Labor Code of the State of California and Employers ' Page 16 ' C. DEDUCTIBLES AND SELF - INSURED RETENTIONS Any deductibles or self- insured retentions must be declared to and approved ' by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, its officers and employees, and the State of California, its officers and employees or Contractor ' shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: ' a. City, its officers and employees, and the State of California, its officers and employees, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, ' including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed ' by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers and 'employees, norto the State of California, its officers and employees ' b. Contractor's insurance coverage shall be primary insurance as respects City, its officers and employees, and the State of California, its officers and employees. Any insurance or self- insurance maintained by ' City, its officers and employees, and the State of California, its officers and employees shall be excess of the Contractor's insurance and shall ' not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers and employees, nor tothe ' State of California, its officers and employees d. Contractors insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. ' e. The insurance afforded by the policy for contractual liability shal include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. 2. Workers' Compensation and Employers Liability Coverage 5/97 ' Page 17 RESPONSIBILITY FOR The insurer shall agree to waive all rights of subrogation against City, its ' officers and employees, and the State of California, its officers and employees City and its officers, for losses arising from work performed by Contractor for City. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that ' coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acts of God: Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. F. Right to Stop Work for Non-Compliance City shall have the right to offer Contractor to stop Work under this Contract and/or withhold any payment(s) which become due to CONTRACTOR hereunder until CONTRACTOR demonstrates compliance ' with the requirements of this Article. ' 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. City and its officers, employees, and the State of California, its officers and ' employees shall not be responsible in any manner for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or ' death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. ' B. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project. C. Contractor shall indemnify, hold harmless and defend City, its officers and employees, and the State of California, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; ' or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attomeys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify or i defend City or State from the sole negligence or willful misconduct of City, its officers or employees or the State of California, its officers or employees. 5/97 E Page 18 D. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E. Nothing in this Article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attomeys' fees in any action to enforce the terms of this Contract. F. The rights and obligations set forth in this Article shall survive the termination of this Contract. 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first written above ' ATTEST: ' CITY CLERK ' APPROVED AS TO FORM , n I r CITY ATTORNEY iF:kaAdebbie\aglbid.doc 5/9'1 CITY OF NEWPORT BEACH A Municipal Corporation CONTRACTOR By: Authorized Signatu Title. sid Michael H. King - Preen RC:da 05-14-97 By: �• CONTRACTOR By: Authorized Signatu Title. sid Michael H. King - Preen RC:da 05-14-97 CALIFORNIA ALL•PURP010ACKNOWLEDGMENT • State of County of FORNIA SAN BERNARDINO On JUNE 30, 1997 before me, KAREN M- SHACKELFORD, NOTARY PUBLIC Date Name arM Tple of Officer (e.g., "Jane Doe, Notary Public'1 personally appeared MICHAEL H. KING-------------------------------------- Name(s) of Signers) CS personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(w whose nameoL ;20 subscribed to the within instrument and acknowledged to me that 1F&-Mi Ray executed the same i hi thegr authorized capacity(M), and that by &�*/ttoeu signatureA) on the instrument the person(, or the entity upon behalf of which the person($] acted, KARENM SMCKELFOM executed the instrument. i COMM. 11053M z z Q01MYC Notcry R 1c — "fortla s SAN eERNAMNOCOUNTY WITNESS my hand and official seal. omm. 611 *03APR 11, 1999 Signature of Notart7iblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: L nt: D O+Y -Qr� Document Date: 7 ' U n e all � q C1 1 Number of Pages: Signer(s) Other Than Named Above: Capacity(y'j Claimed b1 Yt by 1Signer" Signer's Name: 1) l i C-y Q? -1 41 !1 t ❑ Individual Corporat�Qfficer_ 1 Title(,: t ryzs%(`IeA-� ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: " 1C1�15�" Srtc Name: Title(s): ❑ Partner — O Li ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Cor ❑ Other: Signer Is Representing: ❑ General 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 1184 • Canoga PaM, CA 913094184 Prod. No. 5907 Reorder: Cell Toll -Free 1.800- 876-M7 S 1 � June 2, 1997 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 Newport Boulevard (SR55) /Pacific Coast Highway (SR1) "Arches" Interchange Improvements CONTRACT NO. C -2886 1. Substitute the enclosed Contract book in its entirety. Notice to Contractors, Page N- 1 to N -2 was removed. Section 14, "Federal Requirements for Federal -Aid Construction Projects" which was inadvertently left out was added. Standard Plans from the American Public Works Association were added. Appendix B was added which provides the Federal Prevailing Wage Rates. Appendix C was added to provide copies of project permits from Caltrans, California Coastal Commission, Regional Water Quality Control Board and the U.S. Coast Guard. Changes to the Special Provisions have been notated with strikeout and underlined text. 2. Substitute the enclosed Proposal pages P -1 through P -9. 3. Substitute or add the following plans: The plans listed as revised have been modified with changes clouded. Plans listed as reissued have significant changes and the entire sheet is reissued. Plans listed as issued are new sheets added to the contract drawings. Sheet Title Status CN -1 Construction Notes Revised X -1 Typical Cross Sections Revised X -2 Typical Cross Sections Revised X -3 Typical Cross Sections Revised X -4 Typical Cross Sections Revised X -5 Typical Cross Sections Revised SP -1 Standard Plans List Revised RP -2 Removal Plan Revised L -1 Layout Revised L -2 Layout Revised SUBJECT: Newport Boui"evard (SR55YPacific Coast Highway (SRI) "Arches" Interchange Improvements C -2886 ADDENDUM NO.1 Sheet Title Status L -3 Layout Revised P -4 Profile Revised P -6 Profile Revised C -3 Construction Details Revised C -5 Construction Details Revised C -8 Construction Details Revised C -9 Construction Details Reissued C -11 Construction Details Issued D -2 Drainage Plan Revised D -3 Drainage Plan Revised D -7 Drainage Profile Revised D -8 Drainage Profile Revised D -10A Drainage Profile Issued D -10B Drainage Profile Issued D -18 Drainage Quantities Revised D -19 Drainage Quantities Revised D -20 Drainage Quantities Revised D -21 Drainage Quantities Reissued D -21A Drainage Quantities Issued SS -1 Sanitary Sewer Revised SS -2 Sanitary Sewer Reissued SS -3 Sanitary Sewer Details Revised SS -4 Sanitary Sewer Details Revised SS -5 Sanitary Sewer Details Revised SS -6 Sanitary Sewer Details Revised SS -7 Sanitary Sewer Details Revised SS -8 Sanitary Sewer Details Revised SS -9 Sanitary Sewer Details Reissued SS -10 Sanitary Sewer Details Reissued V -2 Utility Plan Revised SC -20 Stage Construction Revised SC -21 Stage Construction Revised SC -25 Stage Construction Revised SC -26 Stage Construction Revised S -2 Sign Plan Revised S -3 Sign Plan Revised S -4 Sign Details Reissued S -5 Sign Quantities Revised S -6 Sign Quantities Reissued R -1 Retaining Wall Plan Reissued R -2 Retaining Wall Plan Revised R -3 Retaining Wall Plan Reissued R -4 Retaining Wall Plan Revised PAGE 2 • Y SUBJECT- Newport Boulevard (SR55)(Pacific Coast Highway (SRI) "Arches" Interchange Improvements C -2886 ADDENDUM NO. 1 Sheet Title Status R-4A Retaining Wall Plan Issued R -5 Retaining Wall Plan Revised R -6 Retaining Wall Plan Revised R -7 Retaining Wall Plan Revised R -8 Retaining Wall Plan Reissued R -9 Retaining Wall Plan Reissued R -10 Retaining Wall Details No. 1 Revised R -11 Retaining Wall Details No. 2 Reissued R -12 Retaining Wall Details No. 3 Revised R -12A Retaining Wall Details No. 4 Issued R -13 Retaining Wall Quantities Reissued SW -1 Soundwall Revised SW -4 Soundwall - Details No. 1 Revised SW -6 Soundwall - Details No. 3 Revised HP -1 Plant List Revised HP -3 Planting Plan Revised HP -4 Planting Plan Revised HP -6 Irrigation Plan Revised HP -7 Irrigation Plan Revised E -1 Electrical Revised E -3 Electrical Revised E -4 Electrical Revised E -6 Electrical Revised E -7 Electrical Revised E -12 Electrical Issued PAGE 3 4. Please sign and date this ADDENDUM No. 1 and attach it to your Bid Proposal. No bid will be considered unless this signed Addendum No. 1 is attached. /—da.,Q (; I I J ,/ Gail P. Pickart Project Management Consultant BRUTOCO ENG. & CONST., INC. Bidders Name Authorized Signatur MICHAEL H. KING - PRESIDENT r—NiToT41F111111 T,, CTL IOWA Newport Boulevard (SR55)/Pacific Coast Highway (SR1) "Arches" Interchange Improvements CONTRACT NO. C -2886 1. Replace the pile data table on Sheet 1 of 17, General Plan for Newport Channel Bridge (Widen) with the following: PILE DATA 400 mm SO CONCRETE PILES (CORROSION RESISTANT) LOCATION DESIGN LOAD (SERVICE) DRIVEN CAPACITY (SERVICE) NOMINAL RESISTANCE DESIGN TIP I ELEVATION (1) (2) (3) SPECIFIED TIP ELEVATION COMPRESSION TENSION ABUT 1 400 kN 560 kN 783 kN 0 kN -10.2 - -14.0 -14.0 BENT 2 500 kN 565 kN 898 kN 220 kN -11.3 -8.2 -15.5 -15.5 BENT 3 500 kN 510 kN 952 kN 220 kN -11.3 -8.2 -15.5 -15.5 BENT 4 550 kN 560 kN 1103 kN 220 kN -11.9 -8.2 -15.5 -15.5 BENT 5 550 kN 570 kN 1068 kN 220 kN -11.9 -8.2 -16.5 -16.5 ABUT 6 500 kN 750 kN 978 kN 0 kN -11.3 - -15.0 -15.0 * INCLUDES DOWNDRAG LOAD DUE TO LIQUEFACTION DESIGN TIP ELEVATION IS CONTROLLED BY THE FOLLOWING DEMANDS: (1) COMPRESSION, (2) TENSION, (3) LIQUEFACTION 2. The quantity for Furnish 400mm SO Precast Prestressing Concrete Piling is revised to 1,081 m Sheet 1 of 17, General Plan. 3. Replace sheet P -7 of the PROPOSAL with the attached replacement page P -7. 4. On page 1 -2 of the Special Provisions, delete the following: Subsection 5 -1.07, "Lines and Grades" is deleted and replaced with Section 10 -1.02, "Construction Staking" of the Special Provisions. 5. On page 10 -3 and 10 -4 of the Special Provisions, delete: Section 10 -1.02 "Construction Staking ". 6. Replace sheet P -1 of the PROPOSAL with the attached replacement page P -1.. '. 1 ' 4 r` .' . v u � _ n'�.i 1 L > _ p. :. r � y } � ' a . ` ... .... T�ir s :` ���vSY _ F .._.. ,. 4. ..yy'�R3 [ Y�.._ cS' :..z.% .1 ici_ .[J w. .a £ -1.:Xh S. AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION MANAGEMENT SERVICES NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR 5511) "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. • • 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. APPROVED AS TO FORM: City Attorney City Clerk f:\groups\pubworks\agmt\99\MKC-3amend.doe 0 CITY OF NEWPORT BEACH, A Municipal Corporation �Wy: ej.- e r Mayor CONSULTANT bA\ Nnial MK Cente 2 MK CENTENNIAL 07300 REDHILL AVENUE SUITE 150 CENTENNIAL ENGINEERING, INC. June 21, 1999 IRVINE, CALIFORNIA 92614 Mr. Lloyd Dalton City of Newport Beach 3300 Newport Boulevard. Newport Beach, CA 92658 -8915 TEL: 949 - 756 -6006 FAX: 949-756-6116 MKC Job 1844.02 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, vA Robert J. Close, P.E. Vice President RJC /JDW: Attachments cc: Dave Wanderling Mike Harrington A MORRISON KNUDSEN COMPANY Exhibit A MK CENTENNIAL CENTENNr4L ENOINEENING.INC. Arches Interchange Project 0 • "ARCHES INTERCHANGE IMPROVEMENT PROJECT 201 -112 OLD NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 TEL: 949 574 0328 FAX: 949 574 0721 Amendment No. 3 DIRECTS /SUBS BUDGET SPENT % USED %TIME DIRECT EXPENSES $5,000.00 ORIGINAL 928,014.00 Sr. Field Engineer AMEND NO3 42,475.00 Bridge / Roadway Insp. CURRENT 1,104,375.37 REVISED 104% 95% $2,525.00 52,632.03 PSOMAS (SURVEY) WIRCB 590,294.00 $130,062.00 PSOMAS ADVL(SURVEY) $66.653.37 $39,466.00 TTD 5146.947.37 AMEND NO.3 $20,387.00 REVISED $167,334.37 $169.52B.00 101% 100% LAW/ NINYO (TESTING) $26.000.00 LAW / NINYO RCB (TESTING $8.500.00 TTD $34.500.00 AMEND NO.3 $9,479.00 REVISED $43,979.D0 840.113.35 91% 98% TOTAL DIRECTSf SUBS $186,447.37 AMEND NO.3 $27,391.00 REVISED $213,838.37 $212,273.38 99% 95% ROB CE81 $87.848.00 CURRENT CE &I 5917.928.00 AMEND NO.3 $137.609.00 Ihm 5131199 TOTAL CE&I $1,065.537.00 FEB/MARIAPR = $6000NO Resident Engineer /PM Complete CONTRACT AUTHORIZATION Prmc. Ass't / Struct Rep ORIGINAL 928,014.00 Sr. Field Engineer AMEND. 1 & 2 176,361.37 Bridge / Roadway Insp. CURRENT 1,104,375.37 FEBIMARIAPR= $3500/MO AMEND.3 165,000.00 Complete TOTAL 1,269,375.37 TTD SPENT 57,263,250.38 REMAINING 56,124.98 Revised Assumptions: (1) Walk throughs In early May. Construction complete including punch -list by May 30,1999. Issue FIFE by May 30, 19%. Sri submit as- builts by May 3D. (2) Resolve exceptions to PFE by June 15. As -built review & resolve by June 15. MKC delivers completion repot / files on June 30. (3) All major issues resolved with OCSD, Caltrans, and other agencies by June 15. (4) Inspection provided through May 30. Close -out in June. No budget available in July and beyond for consultation to City for dose-out related matters. (5) Subconsultant charges remain at average levels as protect winds down. No subs beyond May 1. No inspection including landscaping beyond June 1. (6) Minimal struclure5 inspection beyond Match 15. Based on these milestones being achieved. Resident Engineer /PM halftime 6130199 Prmc. Ass't / Struct Rep full time 6130/99 Sr. Field Engineer full time 3115/99 Bridge / Roadway Insp. full time 5130/99 W2159 hrewpDrVmkdBUDGET1 RAs • 0 AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION MANAGEMENT SERVICES NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR 55/1) "ARCHES" INTERCHANGE IMPROVEMENTS This AMENDMENT NO. 2, made and entered into this 28th day of September, 1998, 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. CITY and CONSULTANT desire to increase the scope of construction management services heretofore provided by AGREEMENT. C. Section 36 of AGREEMENT authorizes CITY and CONSULTANT to modify AGREEMENT by entering into written amendments signed by both parties. D. CITY and CONSULTANT have heretofore amended AGREEMENT by executing AMENDMENT NO. 1. E. CITY and CONSULTANT mutually desire to further amend AGREEMENT (hereinafter referred to as "AMENDMENT NO. 2 ") as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall provide additional surveying services as set forth in Exhibit "A ", attached hereto and incorporated herein by reference. a • 2. Compensation to be paid to CONSULTANT for such additional surveying services shall not exceed $56,653.37. 3. CONSULTANT's not -to- exceed compensation to be paid under AGREEMENT is hereby increased from $1,047,722 to $1,104,375.37. 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. AP D AS TO FORM: City Attorney ATTEST: City Clerk f:\groups\pu bworks\agmt \99 \M KCam nd2.doc CITY OF NEWPORT BEACH, a CONSULTANT BY: MK Cente ial 1, Clou, P s± 2 0 Cj AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION MANAGEMENT SERVICES NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR 55/1) "ARCHES" INTERCHANGE IMPROVEMENTS This AMENDMENT NO. 1, made and entered into this 11th day of May, 1998, 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 (hereinafter referred to as "AGREEMENT') related to constructing 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. The Term of AGREEMENT was not defined within AGREEMENT. C. CITY has increased the scope of construction by adding State of California storm drain and utility relocation work to PROJECT. D. Section 36 of AGREEMENT authorizes CITY and CONSULTANT to modify AGREEMENT by entering into written amendments signed by both parties. E. CITY and CONSULTANT mutually desire to amend AGREEMENT (hereinafter referred to as "AMENDMENT NO. 1 ") as provided herein. 30, 2000. NOW, THEREFORE, the parties hereto agree as follows: 1. The Term of AGREEMENT shall be from June 23, 1997, to June L 0 0 2. CONSULTANT shall provide additional construction management services related to adding State of California storm drain and utility relocation work to PROJECT as set forth in Exhibit "A ", attached hereto and incorporated herein by reference. 3. Compensation to be paid to CONSULTANT for such additional construction management services shall not exceed $119,708. 4. CONSULTANT's not -to- exceed compensation to be paid under AGREEMENT is hereby increased from $928,014 to $1,047,722. 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 on the date first above written. APP V AS TO FORM: Cit Attorney ATTEST: /a k'', M - 41ak,�,--� City Clerk f:\ groups \pu bworks\agmt \99 \M KCam nd 1.doc CITY OF NEWPORT BEACH, a Mil CONSULTANT BY: V� U\-,� MK Centen al September 28,1998 • CITY COUNCIL AGENDA C17Y OF TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: NEWPORT BOULEVARD / PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS — CONTRACT NO. 2886 RECOMMENDATIONS: 1. Authorize Amendment No. 2 to the Professional Services Agreement with MK Centennial (MK) for construction management services. 2. Authorize a budget amendment to appropriate $56,653.37 from the Circulation and Transportation Fund, unappropriated surplus fund balance to Account No. 7261 - 05100199. • DISCUSSION: On June 23, 1997, the City Council approved a professional services agreement with MK to provide contract management services for the Arches Interchange construction project. MK is doing a very good job of managing the construction activities, and it is anticipated that the project will be completed on schedule by April 1, 1999. Surveying is a part of the construction management services provided by MK, and MK has requested that their contract surveying allocation be increased by $56,653.37. As this complicated project has progressed through its various stages, the contracted surveying and call -back surveying has exceeded projections. In order to complete the contract, the allocation for surveying needs to be increased. Additional surveying has been required because 1) the project site is unusually confined, such that the work must be performed in phases instead of a single operation; 2) the site is laden with utilities (water, gas, PacBell, Edison, Comcast, and Sanitation District transmission mains and telemetry) that must be replaced, relocated, undergrounded and /or protected to accommodate each phase of constructing the improvements; 3) provisions are being made along Newport Boulevard to underground utility feeds to homes along Clubhouse Avenue; and 4) traffic flow must be routed around wherever the utility companies are working. Most of the utilities are underground, and many have been found to be in locations is different than shown on record plans. This causes certain elements of work to be surveyed more than once, and other work to be surveyed in bits and pieces. As a consequence, MK's survey subcontractor has been called out many extra times to 0 0 SUBJECT: Newport Boulevard And Coast Highway "Arches" Interchange Improvements - Contract No. 2886 September 28, 1998 Page 2 • layout and to re- establish surveys for the Contractor and for utility companies. This is "unforeseen" work that is not included in the City's contract with MK. The City and its representatives were responsible for coordination of these efforts in order to make all planned improvements and have had to request extra surveying on many occasions. MK has requested an amendment to their construction management contract to cover the increased surveying costs. A copy of MK's August 13, 1998, proposal is attached, with the amount needed as follows: Surveying Subcontract Items Authorized Projected Amount Needed In scope services $89,294.00 $99,852.06 $10,558.06 Out of scope services 0 46,095.31 46,095.31 Totals $89,294.00 $145,947.37 $56,653.37 If authorized, a budget amendment to cover the net amount needed, $56,653.37, will increase MK's construction management fee by 5.4% from $1,047,722.00 to $1,104,375.37. The attached draft Amendment No. 2 provides for compensation to MK Centennial for these additional services. Staff recommends that the amendment be approved and a • budget amendment be approved to appropriate funds from the Transportation and Circulation Fund, unappropriated surplus fund balance to Account No. 7261- C5100199. Respecffull submitt PUBLIC WORKS DEPARTMENT Don Webb, Director i .R Dalton, Project Attachments: Current Professional Services Agreement with MK Centennial MK Centennial proposal of August 13, 1998 Proposed Amendment No. 2 to Professional Services Agreement Budget Amendment • f: \groups\pubworks \council \fy98- 99lsept -28\M K -Cente • PROFESSIONAL SERVICES AGREEMENT NEWPORT BOULEVARD / PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGEIMPROVEMENTS C' PEA THIS AGREEMENT, entered into thisZ74day of 1997 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, CA 92614 (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 City. B. The principal member of Consultant's Irvine office is Michael B. Harrington. C. City desires to engage Consultant to provide construction management services for NEWPORT BOULEVARD / PACIFIC COAST HIGHWAY "ARCHES INTERCHANGE IMPROVEMENTS (hereinafter referred to as "Project "), upon the terms and conditions contained in this Agreement. U 0 0 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—day of .1997, and shall terminate on the day of 19_, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this • Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $928,014.00. 4. STANDARD OF CARE All of the work 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. The Consultant shall be responsible to City for any errors or omissions in the execution of this Agreement. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals 40 • required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and othpr approvals during the term of this Agreement. 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 express terms of this Agreement. No civil service status or other right of employment with City will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave, are available from City to Consultant, its • employees or agent. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer- employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 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 Consultant on Project. 7. PROJECT MANAGER The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to the City at all times. The • Consultant has designated J. David Wanderling, P.E. to be its Project Manager. 0 0 8. TIME OF PERFORMANCE • The tasks to be performed by Consultant shall be in accordance with the schedule Galel� the Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 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 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 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 agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suites, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent actions of Consultant, its employees, agents or subcontracts in the performance of services or work conducted or performed pursuant to 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, accruing or resulting to any and all persons, firms or corporations furnishing or supplying • work, services, materials, equipment or supplies arising from or in any manner connected to Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Such 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. Consultant's insurance policies, with the exception of • Professional Errors and Omissions, shall add as additional insured City, its elected 0 0 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 portions of Consultant's policies, if requested by City, for the following insurance, with Best's Class A7 or better carriers; unless otherwise approved by City: A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. • If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of $1 Million. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided nor canceled by either party, or reduced in coverage or in limits except • 0 • after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire • against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an 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 is syndicate or cotenancy, which shall result in changing the control of Consultant, shall be E 0 construed as an assignment of this Agreement. Control means fifty percent (50 %) or more • of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 15. 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. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 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 City shall furnish to Consultant base maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION • 0 E • This Agreement will be administered by City's Public Works Department. City's Public Works Director or his /her designees shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must be authorized in writing by City and Consultant shall not be entitled to extra compensation without authorization. • 20. RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for expenses unless the expenses were • previously authorized in writing by City. 0 0 22. MONTHLY INVOICES Consultant shall submit invoices to City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice, unless City disputes the amount Consultant claims is owned under this Agreement. 24. 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 its 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. The determination of the City Manager with respect to such matter shall be final. 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. 25. ERRORS AND OMISSIONS In the event that City determines that Consultant's negligence, errors or omissions • L� in the performance of work under this Agreement has resulted in expense to City greater • 0 0 • than would have resulted if there were no such negligence, errors or omissions in Consultant's services, Consultant shall reimburse City for the additional expenses incurred by City including engineering, construction and /or restoration expense. Nothing herein is intended to limit City's rights under any other sections of this Agreement. 26. FIVE PERCENT (5 %) WITHHOLDING City may withhold an amount equivalent to five percent (5 %) of the total compensation provided herein, to be released to Consultant upon acceptance of all construction work by the Mayor and City Council. City reserves the right to refuse to pay all billings requesting amounts in excess of ninety -five percent (95 %) of the total compensation provided herein until Project is completed and accepted as specified above. 27. NONDISCRIMINATION BY CONSULTANT • Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 29. CONFLICTS OF INTEREST • 0 0 A. 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 foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable 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 claims for damages resulting from Consultant's violation of this Section. 30. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. • B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 31. 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 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 Attn: Lloyd R. Dalton, P.E. All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: MK Centennial 17300 Red Hill Avenue, Suite 150 Irvine, CA 92614 Attn: Michael B. Harrington, Vice President 32. TERMINATION In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant 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 • Consultant fails to give adequate assurance of due performance within two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving written notice thereof to Consultant. City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. • 0 33. COST OF LITIGATION E If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 34. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 35. 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. • 36. 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. • 0 0 • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. CITY OF NEWPORT BEACH A Municipal Corporation By: b" MAYOR ATTEST: M � /W(/IC�7 CONSULTANT /// Q L.0 -YJ CITY CLERK • APPRO TO FORM: CITY ATTORNEY By: G ��, rvy,•c. .lav MK CENTENNIA f: \users \p bw \Ida Iton\ag reemts\M K -Ce nt. doc 5/21/97 C� C, Consultant's construction management (CM) services shall include, but not be limited to, providing the following items of work: 1. Furnishing the CM team shown on attached sheet ORGANIZATION to provide full - time inspection, including daily log of activities, during the construction period (anticipated to be 18 months). 2. (Not used) 3. Providing a constructability review of PS &E for the project, to be completed and submitted in writing to City staff no later than May 9, 1997. 4. Attending the pre -bid meeting. • 5. Recording by video and phototography all exterior privately- and publicly -owned improvements in the field, and collecting other field data (specify in your proposal) as required to adequately document before -, during -, and after- construction conditions. • 6. (Not used) 7. Arranging for and conducting a preconstruction meeting and attending a partnering conference; attending repartnering conferences as needed to avoid or resolve disputes; preparing and distributing minutes for the preconstruction meeting. 8. Implementing a system for tracking and managing paper and electronic files, including letters, requests for information, submittals, contracts, reports, manuals, progress payments, change orders, etc. 9. Monitoring and reviewing the Contractors construction schedule, and notifying the City and the Contractor of actual or potential deviations from the most recently - approved schedule. Pro- actively work with the Contractor and City to identify possible schedule set - backs. 10. Accepting and reviewing the Contractor's shop drawings and submittals, and returning them for non - compliance, if necessary; recommending approval, and tracking and prompting timely City and design engineer approval of shop drawings and submittals. 11. Conducting periodic reviews and written notifications to the Contractor and the City • concerning jobsite safety. • 12. Furnishing special inspections, testing and surveying services, and identifing those services that are traditionally provided by the Contractor. Materials testing to include laboratory work. 13. Observing and documenting that the work complies with the bid documents and with permits issued by other agencies; providing notifications to the Contractor and to the appropriate agencies when work does not comply; and preparing periodic inspection reports. 14. Coordinating the Traffic Management Plan, inspection and testing work provided by the Contractor and /or City. 15. Meeting with others to coordinate the Arches construction with their construction; that is, a) The City will most likely landscape the vacant lot at Via Lido between Newport Boulevard & Central Avenue before the end of 1997; b) Within a year, the Sanitation Districts of Orange County intends to begin constructing a new "Lido" pump station on the vacant lot at 3531 Newport • Boulevard to replace their existing pump station at Newport Boulevard & Short Street, whereupon their existing pump station will be demolished and park improvements built upon the existing and new pump station sites. c) Within a year, Hoag Memorial Hospital intends to construct a parking garage and an administration building along the northerly side of PCH adjacent to the Arches interchange; d) Proximate to the completion of the Arches project, Caltrans intends tojoin" the Newport Boulevard roadway construction of the Arches contract and rehabilitate s/b Newport Boulevard northerly of Hospital Road and n/b Newport Boulevard northerly of the Old Newport Boulevard hook ramps; e) Southern California Edison, Pacific Bell, and Comcast Cablevision lines will be undergrounded along Newport Boulevard south of Pacific Coast Highway prior to the end of 1997; and f) Southern California Gas Company, Southern California Edison, Pacific Bell, and Comcast Cablevision lines will be relocated along Newport Boulevard and Pacific Coast Highway during construction. • 16. Interpreting the contract documents or requesting the design engineer to interpret the contact documents, and if necessary, requesting clarifications, details, field meetings, etc. from the design engineer. 0 0 17. Providing a telephone "hot line" and a broad scope of public relation activities with surrounding property owners, residential and business associations, Hoag Memorial Hospital, Caltrans, the City Council, and the local news media. 18. Conducting regularly - scheduled (at least weekly) construction meetings with the Contractor, and preparing and distributing detailed minutes. 19. Coordinating inspections by Caltrans oversight personnel, and providing Caltrans required progress reports to the City and Caltrans. 20. Issuing plan revisions and assuring that the Contractor maintains accurate records of "as- built' changes. 1. 21. Reviewing change order requests for merit; preparing independent cost estimates; negotiating and preparing change orders for City review and approval; apprising the City of the cumulative effect of change orders. 21 Reviewing payment requests and verifying pay items. Recommending payments and preparing payment documentation for processing by the City. 23. Meeting with City officials and conducting public meetings as needed. 24. Providing other items of work that you view as beneficial to the project. 25. Providing cost saving measures for the City's consideration. 26. Developing a "punch list' at the conclusion of construction. n U • • • • EXHIBIT B 0 11 MK?CEN7 EN NIA '(=16 "MONTH'SCHEDULE `� ;� `r 'CONSTRUCTION MANAGEMENT SERV CES � � ,, z =yu? /. �.,. ,�. - > -.. ...1.`r.+�...1 ,., r .. �.1 �.,af_, �7..r;a +�.kti. -. '�� . a'�er•.;�h`�ii' I. DIRECT SALARY COSTS Personnel Category - +- *r 4iH§'qrs l,3p� a� Resident Engineer $ 93.00 3,130 $ 291,090.00 Ass't R.E. / O.E. / Inspector $ 70.00 2,880 $ 201,600.00 Bridge Senior Engineer $ 110.00 48 $ 5,280.00 Structures Engineer $ 75.00 2,330 $ 174,750.00 Bridge / Roadway Inspector $ 70.00 2,248 $ 157,360.00 Subtotal 10,636 $ 830,080.00 (1) II OTHER DIRECT COSTS Item . , Amount REPRODUCTION COST, POSTAGE, AND OFFICE SUPPLY $ 5,000.00 Subtotal 5 5,000.00 (2) III SUBCONTRACTOR'S COSTS Subconsutiant Amount , ..:. PSOMAS & ASSOCIATES (SURVEYS) $ 66,934.00 GEOBASE, INC. (MATERIALS TESTING) $ 26,000.00 Subtotal $ 92,934.00 (3) V. TOTAL AMOUNT Total $ 928,014.00 (Total 1-3) ASSUMPTIONS: 1 Partnering is included in construction contract. 2 Field trailer is included in construction contract. 3 Construction staking is included in the C.M. contract. 4 ROW, control staking and check survey included in C.M. contract. 5 Photo survey and vibration /noise monitoring is included in construction contract. • 6 Eighteen months construction, fourteen months bridge construction. 7 Minimal overtime required by staggering shifts. 8 Materials testing includes lab work only. 0 0 AMENDMENT NO. 2 TO •PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION MANAGEMENT SERVICES NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY (SR 55/1) "ARCHES" INTERCHANGE IMPROVEMENTS This AMENDMENT NO. 2, made and entered into this day of September, 1998, 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. CITY and CONSULTANT desire to increase the scope of construction management services heretofore provided by AGREEMENT. C. Section 36 of AGREEMENT authorizes CITY and CONSULTANT to modify AGREEMENT by entering into written amendments signed by both parties. D. CITY and CONSULTANT have heretofore amended AGREEMENT by executing AMENDMENT NO. 1. E. CITY and CONSULTANT mutually desire to further amend AGREEMENT (hereinafter referred to as "AMENDMENT NO. 2 ") as provided herein. NOW, THEREFORE, the parties hereto agree as follows: • 1. CONSULTANT shall provide additional surveying services as set forth in Exhibit "A", attached hereto and incorporated herein by reference. 0 0 2. Compensation to be paid to CONSULTANT for such additional • surveying services shall not exceed $56,653.37. 3. CONSULTANT's not -to- exceed compensation to be paid under AGREEMENT is hereby increased from $1,047,722 to $1,104,375.37. 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. CITY OF NEWPORT BEACH, a municipal corporation BY: Mayor • APPROVED AS TO FORM: City Attorney ATTEST: City Clerk f:\groups\pubworks\agmt\99\MKCamnd2.doc • CONSULTANT BY: MK Centennial 2 ✓� MK CENTENNIAI_� All CENTENNIAL ENGWEEFi1NG. ING. August 13, 1998 Mr. Bill Patapoff, City Engineer City of Newport Beach 3300 Newport Boulevard. Newport Beach, CA 92658 -8915 17300 REDHILL AVENUE, SUITE 150 IRVINE, CALIFORNIA 92614 TEL: 714- 756 -6006 FAX: 714- 756 -6116 • Subject: Newport Arches Interchange - Contract C -2886 Construction Engineering, Inspection, Material Testing, and Survey Contract Survey Subcontract At our last meeting you requested an assessment of the restaking, cost to complete, and explanation for the overrun for our survey subcontract. We reviewed the restaking back -up information by Psomas and determined that the restakes to date total 55694.00. This information has been forwarded to Brutoco. Our estimated projection for the total cost of survey to complete is $150,590.43. This figure is based on survey being 75% complete. Construction is 60% complete. Historically, survey tapers off in the later stages of construction. To date, we have been authorized $66,934.00 for survey per our original contract. Additionally, the City Council has authorized staff to execute an amendment to our contract in the amount of $22,360.00 for the staking for the RCB and utility relocations. We are now requesting an additional amendment of $56,653.37. The reasons for the overrun are as follows. Since the beginning of the contract, Psomas has been tracking in and out of scope survey charges based on their proposal which referenced the Caltrans staking- manual. manual. To date, Psomas has incurred $34,571.48 in out of scope costs. Based on the City's criteria these responsibilities have been allocated for potential third party backcharges as follows: Brutoco $8,250.16, City $8,135.54, MKC $4,643.06, and Moffatt $13,542.72. Based on percent complete, we have projected an additional $11,523.83 of out of scope services for which the responsibilities can be determined as these costs are incurred. Finally, we have projected an additional cost to complete for the in scope services of $15,201.12 (above and beyond the current authorization). This can be attributed to the aggressive schedule and complexity of the job which have resulted in the contractor requesting survey in small areas at a time. This has resulted in additional survey costs. It should also be noted that at proposal time, Psomas was instructed to base the scope of their work and proposal on Section 13 "Staking Information" of the Caltrans Surveys Manual and their historical costs. Psomas indicated that historically on projects built according to Caltrans standards, 1 -2% of the construction amount (Engineer's Estimate $ 10 million) would be required ($100- $200K). We believed Psomas' estimate to be reasonable. On a similarly sized contract for the Port of Long Beach we had recently completed, the Port spent approximately $480K using their own crews. However, during the negotiations, the City had indicated that their resources were limited and imposed a total cap on CM fees of $1 million (apx. 10% of the Engineer's Estimate). As a result, we were required to reduce our total CM budget. As such, Psomas reduced their proposal to the "bare minimum ". Their revised proposal was $66,934.00 which may have been considered optimistic. However, we believed that MKC could perform (which we have) the surveys typically provided by the Caltrans Bridge Department in accordance with the Bridge Construction Manuals for grading bridge structures. Our historical costs indicate that typically 15% is spent on construction engineering for federal funded contracts including construction engineering, inspection, survey, and testing. This is consistent with federal guidelines and staffing for Caltrans contracts. Currently, we are budgeted only 7.5% of the construction amount. Ifv (l q �n�Fi fal �[�N 4c nu IncpN ��"�nn�nrav • is Finally, the original cost proposal and CM contract including survey is based on estimated hours and a rate schedule. The cost proposal was not intended for a lump sum or guaranteed maximum amount. In • order to provide a quote for a guaranteed maximum or lump sum contract, the scope of work should be precise with proper allocations for risks and reward. Psomas provided a proposal based on lowest possible cost without any contingency for unknown risk (e.g. dependency on Contractors operations) or additional scope (e.g. survey outside of the Caltrans Staking Manual). Titus, it is unfair to expect Psomas to absorb heavy losses against a modest profit (typically 10 %, or about $6K) without a proper allocation for risk involved. The Contract states a not to exceed figure in accordance with exhibits (our proposals) rather than a guaranteed maximum. Extra work requires authorization from the City. These clauses are standard to ensure consultants do not exceed owners internal (e.g. City Council) authorizations and budgets. We intend to honor these provisions and we will not exceed out total contract authorization prior to amending our contract. However, these should not be construed as guaranteed maximums without the proper allocations for risk. I will arrange a meeting with you at your earliest convenience to rcview this proposal. If you have any questions or need additional information, please call me at (714) 756 -6006. Sincerely, J ne Pottinger, P.E. Director of Construction Services J P/J DNV: • Attachments cc: Robert Close, Vice President Dave Wanderling, Project Manager Kari Lounan, Project Manager ( Psomas) 11 ,w u L) ro C 0 u .c 7 W d Z 0 N coo• o (cOD. o I , U C N t0 Cal M M M .2 O a C CU o m U o � i noo '0 O C L CL N 0 1/) LL7 U) U N U 3 L M E 0^ p 2 O Z N 10 W (O y c> - I,Oi C O 010E ac) �, v c rn� oa (9 6% O 0 .0 •y 7 000 0 N U) O � � �'0 ` js0.. N C V C ° r cu N V c0 N p 7 0 0 0 0 U% M 01 M O y t N 1" O N CU C a) Y T T T E9 a' fA fA CC d w O O (n CO O EA � C0 UO N II > m O O V "'D W N (D V M d Z O 41 ti O Q U N r c0 (U U CI V CO to N ch �-- N m 0) N M 'T V n U t0 m N aL+ •; O O 10 1() tO 10 N O V n'i oO ,M C- N E 10 N M m '7 'T N(9(9 (9M {If N (A (9 01 N Q 69 N y U ca 0 0 0 Q N 0 U C m c o 0 o 0 orn°(»rn ° O ° a U a) Z m N N N O r U O .N � M co m y O N N O O ��m n o w(9 9 U d c c • co ¢¢ tlo Xw00w Y J O N 0 y O N 0 O d n M V W � N N N ' Nj V NAp N > V N m CO U 1t) (p U Cc Q (n M 1p M C O O C" (UNON n m m C p 0 0 „ O m V: C4 ~� M m co � q (0 c N 'U 7 N 0° U mm 0 �ER fAO V O Q N >> o Y T U din _ D OD O ` M M M O N co LL y O n N N(9 0 Lo 6 Q � 0 M Cli O to N 0 N Om V OO d,N O.N � v (O ��o E v m Q (o9 (9 V Um U NON JO o =_ o -0 I- CO M U1 ° O LU O7 0lm co cn ��, CCU c Vim' lOD a N O N U �' O C Oi V9 Oj O (n (9 m 0 N _N O O D- E C ° N 00 0 ouDun (NU CU E 3 v °m -o d W _ .� ro d) O ° lU O V Oi O a` L m N O O� C C UOD M . M M IM (D j O O O O n my ° ° w o c9 (9� .0 ` N a mI � �60 c ° 2 " 5 5-0 Y 3 ro y U D 0 c w O O Q g 0 • c'• m ° rn�oo �_C0 n N U1 O d fn h W O) cD N Cn mMN(D (� V CO O (� , o j U ('7•) O O Nc0 t0 NI y d IAN O V u] d > (n O 'p (a V( O 1� W 0 I (O N (fl 0 y C C 3 Q 0 N, 69 m LOL d 0 M^ in M (% o Ell .`^...- � lL 69 "� v v E a (» t9 E9 Vj v Coy of Newport Beach BUDGET AMENDMENT 1998 -99 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Budget Appropriations AND X Transfer Budget Appropriations from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 013 AMOUNT: $56,653.37 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To appropriate $56,653.37 from the Circulation and Transportation Fund, unappropriated surplus fund balance to the PCH /Newport Boulevard capital project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 3605 Description Fund Balance Control REVENUE APPROPRIATIONS (3601) • Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Division Account Signed: Signed: •ed: Description Number 7261 Circulation & Transportation Fund Number C5100199 PCH /Newport Blvd Project Number Number Number Number Number Number Number Number City Council Approval: City Clerk Amount Debit Credit $56,653.37 ' $56,653.37 9-18-98 Date Date Date W of Newport Beach BUDGET AMENDMENT 1998 -99 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates �X Increase Budget Appropriations AND X Transfer Budget Appropriations from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 013 AMOUNT: $56,653.37 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No This budget amendment is requested to provide for the following: To appropriate $56,653.37 from the Circulation and Transportation Fund, unappropriated surplus fund balance to the PCH /Newport Boulevard capital project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 3605 Fund Balance Control REVENUE APPROPRIATIONS (360 1) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: Signed: Signed: 0 City Council Approval: City Clerk Amount Debit Credit $56,653.37 ` $56,653.37 .� r • Date Date p Date Description Division Number 7261 Circulation & Transportation Fund Account Number C5100199 PCH /Newport Blvd Project Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: 0 City Council Approval: City Clerk Amount Debit Credit $56,653.37 ` $56,653.37 .� r • Date Date p Date PROFESSIONAL SERVICES AGREEMENT NEWPORT BOULEVARD / PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGEIMPROVEMENTS THIS AGREEMENT, entered into thise4day of 1997 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, CA 92614 (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 City. B. The principal member of Consultant's Irvine office is Michael B. Harrington. C. City desires to engage Consultant to provide construction management services for NEWPORT BOULEVARD / PACIFIC COAST HIGHWAY "ARCHES INTERCHANGE IMPROVEMENTS (hereinafter referred to as "Project"), upon the terms and conditions contained in this Agreement. 3 i 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--day of .1997, and shall terminate on the day of , 19_, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $928,014.00. 4. STANDARD OF CARE All of the work 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. The Consultant shall be responsible to City for any errors or omissions in the execution of this Agreement. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals 2 ' Z `� E 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. 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 express terms of this Agreement. No civil service status or other right of employment with City will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including, but not limited to, unemployment insurance, worker's compensation plans, vacation and sick leave, are available from City to Consultant, its employees or agent. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 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 Consultant on Project. 7. PROJECT MANAGER The Consultant shall assign the project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to the City at all times. The Consultant has designated J. David Wanderling, P.E. to be its Project Manager. 3 �5 8. TIME OF PERFORMANCE The tasks to be performed by Consultant shall be in accordance with the schedule specified in Exhibit "A ". Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 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 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 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 4 ZC Consultant agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suites, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent actions of Consultant, its employees, agents or subcontracts in the performance of services or work conducted or performed pursuant to 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, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Such 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. Consultant's insurance policies, with the exception of Professional Errors and Omissions, shall add as additional insured City, its elected 5 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 portions of Consultant's policies, if requested by City, for the following insurance, with Best's Class A7 or better carriers; unless otherwise approved by City: A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of $1 Million. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided nor canceled by either party, or reduced in coverage or in limits except 6 2� 0 after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an 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 7 construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint venture. 15. 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. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 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 City shall furnish to Consultant base maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION 8 i This Agreement will be administered by City's Public Works Department. City's Public Works Director or his /her designees shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must be authorized in writing by City and Consultant shall not be entitled to extra compensation without authorization. 20. RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for expenses unless the expenses were previously authorized in writing by City. 9 S� 0 0 22. MONTHLY INVOICES Consultant shall submit invoices to City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be itemized. Each invoice shall show the number of hours worked per person /consultant and the nature of the work performed. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice, unless City disputes the amount Consultant claims is owned under this Agreement. 24. 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 its 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. The determination of the City Manager with respect to such matter shall be final. 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. 25. ERRORS AND OMISSIONS In the event that City determines that Consultant's negligence, errors or omissions in the performance of work under this Agreement has resulted in expense to City greater 10 than would have resulted if there were no such negligence, errors or omissions in Consultant's services, Consultant shall reimburse City for the additional expenses incurred by City including engineering, construction and/or restoration expense. Nothing herein is intended to limit City's rights under any other sections of this Agreement. 26. FIVE PERCENT (5 %) WITHHOLDING City may withhold an amount equivalent to five percent (5 %) of the total compensation provided herein, to be released to Consultant upon acceptance of all construction work by the Mayor and City Council. City reserves the right to refuse to pay all billings requesting amounts in excess of ninety -five percent (95 %) of the total compensation provided herein until Project is completed and accepted as specified above. 27. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 29. CONFLICTS OF INTEREST 33 ' E 0 A. 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 foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable 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 claims for damages resulting from Consultant's violation of this Section. 30. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 31. 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 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 12 3y . Newport Beach, CA 92658 -8915 Attn: Lloyd R. Dalton, P.E. All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: MK Centennial 17300 Red Hill Avenue, Suite 150 Irvine, CA 92614 Attn: Michael B. Harrington, Vice President 32. TERMINATION In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant 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 Consultant fails to give adequate assurance of due performance within two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving written notice thereof to Consultant. City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 13 I E 33. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 34. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and , regulations enacted or issued by City. 35. 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. 36. 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. 14 Z C) N con Z cc O Q z LLJ W V W C7 Q Z V 2 J d V Z a tR a a CJ cz z y W H DO J Q W a a Q N �z LLB Z Q Y � W 7 W Z = C7 y Z - W W y z W C7 � is 07 ~ W d y 2 Z W W _O ~ V W _ Z C7 y � ~ W W L W � LD W y G 1 � � h W fyq ¢ w Z C7 Z W W C7 0 CG cz z y W H DO J Q W a a Q N �z LLB Z Q • Terry Payne & Co., Inc. INSURANCE • BONDS June 10, 1997 City of Newport Beach Attn: Lloyd Dalton 3300 Newport Blvd. Newport Beach, CA 92659 -1768 RE: Certificate of Insurance MK Centennial Dear Lloyd, JUN I 1 1997 �T Per our clients request, we are pleased to enclose a certificate of insurance for the above captioned. Thank you. Best regards, & )%t� Bonnie Garza Enclosures cc: Karen Frans, MK -Boise Post Office Box 8747 • 2525 North Reserve Street • Missoula, Montana 59807 • (406) 7284050 FAX: (406) 7287589 4 r, REA A CORD DATE (MM/DD/YY) 6/10/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TERRY PAYNE & CO., INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 8747 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MISSOULA, MT 59807 COMPANIES AFFORDING COVERAGE 406 - 728050 COMPANY A TRAVELERS INDEMNITY COMPANY OF ILLINOIS INSURED MK CENTENNIAL COMPANY TRAVELERS INDEMNITY COMPANY OF ILLINOIS 17300 REDHILL AVE. SUITE 150 B IRVINE, CA 92714 COMPANY LLOYDS OF LONDON C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICYEFFECTIVE POLICYEXPIRATION LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDnn DATE (MM /DDIYY) GENERAL LIABILITY RTC2JGLSA- 261T1514 -97 4/1/97 4/1/98 GENERAL AGGREGATE $ 3500000 A X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP /OP AGO $ 3500000 CLAIMS MADE a OCCUR PERSONAL & ADV INJURY $ 2000000 OWNER'S & CONTRACTOR Sp EACH OCCURRENCE $ 2000000 FIRE DAMAGE (Any one fire) $ 2000000 MED EXP (Anyone person) $ 10000 AUTOMOBILE LIABILITY RTC2JCAP- 26OT9174 -97 411/97 4/1/98 COMBINED SINGLE LIMIT $ 2000000 A X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS I BODILY INJURY $ (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE $ .- GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKER'S COMPENSATION AND RTC4JUB- 261T1526 -97 4/1/97 4/1/98 X TORViIMRS O[R B EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 2000000 THE PROPRIETOR/ INCL EL DISEASE - POLICY LIMIT $ 2000000 PARTNERS ECOTIVE OFFICERSARE: E %CL EL DISEASE - EA EMPLOYEE $ ZOOOOOO C bT CELOW AND OR LE9605136 10/1/96 10/1/99 ATTACHED I DESCRIPTION OF OPERATIONS /LOCATONSNEHICLES/SPECUIL ITEMS ARCHITECTS' AND ENGINEERS' PROFESSIONAL LIABILITY UP TO $1,000,000 COMBINED SINGLE LIMIT, EACH ACCIDENT CLAIMS MADE INCLUDING 36 -MONTH EXTENDED DISCOVERY PERIOD. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF NEWPORT BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLrM MAIL ATTN: LLOYD DALTON 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3300 NEWPORT BLVD. - NEWPORT BEACH, CA 92659 -1768 AUTHO�ZED REPRES�ENTATYVIE /1 "F L • • DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS INSURED: MK Centennial HOLDER: City of Newport Beach Attn: Lloyd Dalton 3300 Newport Blvd. Newport Beach, CA 92659 -1768 RE: Newport Boulevard /Pacific Coast Highway "Arches" Interchange Improvements (C -2886) City of Newport Beach, its elected officials, officers and employees are included as Additional Insureds in accordance with the attached policy endorsement language. A waiver of Subrogation in favor of all Assureds is included. * *Companies affording coverage include Lloyds of London & Participating Cos. To be attached to and become a part of Certificate of Insurance issued to City of Newport Beach. GENERAL LIABILITY AND AUTO LIABILITY ONLY: Policy # RTC2JGLSA- 261T1514 -97 Policy # RTC2JCAP- 260T9174 -97 It is agreed that the definition of Insured is amended to include any person or organization the Named Insured is required by written contract to include as an Additional Insured. The "written contract" must be executed prior to the "occurrence" of any loss. Insurance provided by this amendment is limited to the extent of coverage and limits of liability required by the "written contract," will not increase the limits of the policy or the extent of coverage stated in this policy. The insurance provided by this amendment is limited to only the Legal Liability arising out of the performance of the Named Insured's work under the written contract and shall terminate at the time of completion, substantial completion, or such other time as defined in the written contract. With respect to the insurance afforded the Additional Insureds, it is further agreed that this insurance does not apply to liability for "Bodily Injury" or "Property Damage" arising out of acts or omissions of the Additional Insured unless this has been agreed to by written contract executed prior to the "occurrence" of any loss. 4g IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. CITY OF NEWPORT BEACH A Municipal Corporation By: � C MAYOR ATTEST: CONSULTANT CITY CLERK APP�RO TO FORM: r' CITY A ORNEY is gy 100�Gtta� - MK CENTENNIA f: \users \pbw \ldalton\agreemts \M K- Cent. doc 5/21/97 37 9 0 EXHIBIT A Consultant's construction management (CM) services shall include, but not be limited to, providing the following items of work: 1. Furnishing the CM team shown on attached sheet ORGANIZATION to provide full - time inspection, including daily log of activities, during the construction period (anticipated to be 18 months). 2. (Not used) 3. Providing a constructability review of PS &E for the project, to be completed and submitted in writing to City staff no later than May 9, 1997. 4. Attending the pre -bid meeting. 5. Recording by video and phototography all exterior privately- and publicly -owned improvements in the field, and collecting other field data (specify in your proposal) as required to adequately document before -, during -, and after - construction conditions. 6. (Not used) 7. Arranging for and conducting a preconstruction meeting and attending a partnering conference; attending repartnering conferences as needed to avoid or resolve disputes; preparing and distributing minutes for the preconstruction meeting. 8. Implementing a system for tracking and managing paper and electronic files, including letters, requests for information, submittals, contracts, reports, manuals, progress payments, change orders, etc. 9. Monitoring and reviewing the Contractor's construction schedule, and notifying the City and the Contractor of actual or potential deviations from the most recently - approved schedule. Pro - actively work with the Contractor and City to identify possible schedule set - backs. 10. Accepting and reviewing the Contractor's shop drawings and submittals, and returning them for non - compliance, if necessary; recommending approval, and tracking and prompting timely City and design engineer approval of shop drawings and submittals. 11. Conducting periodic reviews and written notifications to the Contractor and the City concerning jobsite safety. 3t 0 0 12. Furnishing special inspections, testing and surveying services, and identifing those services that are traditionally provided by the Contractor. Materials testing to include laboratory work. 13. Observing and documenting that the work complies with the bid documents and with permits issued by other agencies; providing notifications to the Contractor and to the appropriate agencies when work does not comply; and preparing periodic inspection reports. 14. Coordinating the Traffic Management Plan, inspection and testing work provided by the Contractor and /or City. 15. Meeting with others to coordinate the Arches construction with their construction; that is, a) The City will most likely landscape the vacant lot at Via Lido between Newport Boulevard & Central Avenue before the end of 1997; b) Within a year, the Sanitation Districts of Orange County intends to begin constructing a new "Lido" pump station on the vacant lot at 3531 Newport Boulevard to replace their existing pump station at Newport Boulevard & Short Street, whereupon their existing pump station will be demolished and park improvements built upon the existing and new pump station sites. c) Within a year, Hoag Memorial Hospital intends to construct a parking garage and an administration building along the northerly side of PCH adjacent to the Arches interchange; d) Proximate to the completion of the Arches project, Caltrans intends to "join" the Newport Boulevard roadway construction of the Arches contract and rehabilitate s/b Newport Boulevard northerly of Hospital Road and n/b Newport Boulevard northerly of the Old Newport Boulevard hook ramps; e) Southern California Edison, Pacific Bell, and Comcast Cablevision lines will be undergrounded along Newport Boulevard south of Pacific Coast Highway prior to the end of 1997; and f) Southern California Gas Company, Southern California Edison, Pacific Bell, and Comcast Cablevision lines will be relocated along Newport Boulevard and Pacific Coast Highway during construction. 16. Interpreting the contract documents or requesting the design engineer to interpret the contact documents, and if necessary, requesting clarifications, details, field meetings, etc. from the design engineer. 3q 0 0 17. Providing a telephone "hot line" and a broad scope of public relation activities with surrounding property owners, residential and business associations, Hoag Memorial Hospital, Caltrans, the City Council, and the local news media. 18. Conducting regularly - scheduled (at least weekly) construction meetings with the Contractor, and preparing and distributing detailed minutes. 19. Coordinating inspections by Caltrans oversight personnel, and providing Caltrans required progress reports to the City and Caltrans. 20. Issuing plan revisions and assuring that the Contractor maintains accurate records of "as- built' changes. 21. Reviewing change order requests for merit; preparing independent cost estimates; negotiating and preparing change orders for City review and approval; apprising the City of the cumulative effect of change orders. 22. Reviewing payment requests and verifying pay items. Recommending payments and preparing payment documentation for processing by the City. 23. Meeting with City officials and conducting public meetings as needed. 24. Providing other items of work that you view as beneficial to the project. 25. Providing cost saving measures for the City's consideration. 26. Developing a "punch list" at the conclusion of construction. .40 EXHIBIT B • ASSUMPTIONS: 1 Partnering is included in construction contract. 2 Field trailer is included in construction contract. 3 Construction staking is included in the C.M. contract. 4 ROW, control staking and check survey included in C.M. contract. 5 Photo survey and vibration /noise monitoring is included in construction contract. 6 Eighteen months construction, fourteen months bridge construction. 7 Minimal overtime required by staggering shifts. 8 Materials testing includes lab work only. 'jl: CONSTRUCTION MANAGEM�N SERVICES "�, s ,fi .��.�" I. DIRECT SALARY COSTS Personnel Category f= 90 15-M s. �liorlrs j` N.. Resident Engineer $ 93.00 3,130 00 Ass't R.E. / O.E. / Inspector $ 70.00 2,880 00 Bridge Senior Engineer $ 110.00 48 M291,090.00 00 Structures Engineer $ 75.00 2,330 00 Bridge / Roadway Inspector $ 70.00 2,248 .00 Subtotal 10,636 .00 (1) II OTHER DIRECT COSTS '- Item Amount REPRODUCTION COST, POSTAGE, AND OFFICE SUPPLY $ 5,000.00 Subtotal $ 5,000.00 (2) SUBCONTRACTOR'S COSTS Suticopsultantc;: Amount PSOMAS & ASSOCIATES (SURVEYS) $ 66,934.00 GEOBASE, INC. (MATERIALS TESTING) $ 26,000.00 Subtotal $ 92,934.00 (3) V. TOTAL AMOUNT Total $ 928,014.00 (Total 1 -3) ASSUMPTIONS: 1 Partnering is included in construction contract. 2 Field trailer is included in construction contract. 3 Construction staking is included in the C.M. contract. 4 ROW, control staking and check survey included in C.M. contract. 5 Photo survey and vibration /noise monitoring is included in construction contract. 6 Eighteen months construction, fourteen months bridge construction. 7 Minimal overtime required by staggering shifts. 8 Materials testing includes lab work only. 'jl: m Z J O m W W U Z > ¢ ¢ x ,WOW . m r Q F W Q w z r m w ? 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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. I ,n • 11 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. CITY OF NEWPORT BEACH, A Municipal Corporation BY: Mayor APPROVED AS TO FORM: City Attorney CONSULTANT OF Ng� ATTEST: 42 YX—AillP. Pickart, P.E. o RNIA D/�J/ City Clerk f:\ users\ pbw\shared\agreements \gg \pickart-amend t .doc 2 0 Gail P. Pickart, P.L. • 3345 Newport Boulevard, Suite 215 Newport Bcach, 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 ol' April through July 1999 relative to the following items: 1. Coordinate "as- built" changes to project design drawings and handle distribution ol' "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 ol,Cooperalion 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 quantilics and costs for "Arches" contract work along Newport Boulevard at Short Street that has to be delerred until old Lido Pump Station is demolished. 5. Perform such other miscellaneous tasks as may be requested front time-to -time to support and augment the work of City staff. The total fec budget for the project management services described in Items 1 - 5 above is $17.150. • �° �-6 PROFESSIONAL SERVICES AGREEMENT PROJECT MANAGEMENT SERVICES 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 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. 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 improvements to 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 project management services relative to Project's design and construction upon the terms and conditions contained in this Agreement. -1- 7L, • • D. The principal member of Consultant for the purpose of this Project is Gail P. Pickart, 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 1st day of July 1997, and shall terminate on the 30th day of A nl, 1998, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the City Engineer. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Fody-nine thousand five hundred dollars ($49.500.00). -2- �7- 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- 0 0 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 -4- 11 0 0 and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the services to be provided. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Gail P. Pickart, P.E to be its Project Manager. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedules established by the construction contractors, other consultants providing professional -5- 1,� 0 E services for the project, and City elected officials and staff members. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of M 16 services or work conducted or performed pursuant to this Agreement. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall d! �7. 0 apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. B. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or M -1 ab 0 0 any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be 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 orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out c.` changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City 0 7R r] assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services as necessary to accommodate and accomplish the agreed upon scope of work. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. The City -10- ED 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, aud;t and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date -11- M 0 of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons !o disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation -12- 13- of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the th! .,d business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (714) 644 -3311 Fax 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: it P. Pick "a"wo m i -Tom 1�ET awrolom Newport .. (714) 673-6779 .:.. FAX -13- 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 and Consultant shall have the option, at the sole discretion of either party and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to the other as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the -14- V • same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By. Robin Clauson Assistant City Attorney for the City of Newport Beach ATTEST: By: I-aVonn arkless City CI F: /groups/pubworks /agmtl97 /Pickart1 06 -12 -97 -15- CITY OF NEWPORT BEACH A Municipal Corporation CONSULTANT Gail P Pickart, P.E. By. C q$ EXHIBIT "A" SCOPE OF SERVICES Gail P. Pickart, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, CA 92663 (714) 673 -6779 (714) 673 -6899 Fax 9 Consultant proposes to continue providing project management services for the Newport Boulevard and Pacific Coast Highway (SR55/1) Interchange Improvements, thereby augmenting City staff in the following general areas or categories: Implementation, monitoring, and coordinating compliance with project regulatory agency permits such as: (a) U.S. Army Corps of Engineers, (b) U.S. Coast Guard, (c) California Coastal Commission, (d) California Water Quality Control Board, Santa Ana Region, and (e) Caltrans. 2. Coordinate relocation of existing overhead utility lines within the project area in relation to the construction operations and Underground Utilities District No. 14. Facilitate arrangements for entry onto private property associated with placing electrical, telephone, and cable television service connections underground to individual properties affected by Underground Utilities District No. 14 and with construction of sound attenuation walls along the rear of residential lots fronting on Clubhouse Drive and situated between Newport Channel and Short Street. 4. Serve as the City's liaison person to the County Sanitation Districts of Orange County ( CSDOC) for: (a) construction work related to CSDOC facilities to be accomplished by the City's contractor, and (b) design and construction work related to the Lido Sewage Pump Station replacement. 5. Coordinate and monitor the dock reconstruction and deck extensions for the residential lot at 68 Balboa Coves owned by Father Bill Barry. 6. Facilitate design for relocation /replacement of the City's existing 24" diameter water main crossing Pacific Coast Highway required to accommodate the new grade separation bridge structure. 7. Prepare and process requests to the Orange County Transportation Authority (OCTA) for disbursement of Measure "M" and federal ISTEA funds approved for design and -16- 1 construction of the Interchange Improvements project. 8. Perform miscellaneous tasks as may be requested by City Staff members and by City elected and appointed officials. Consultant proposes to provide the above described project management services on a "time and materials" basis as set forth on Exhibit "B" attached hereto. The estimated time to be available and to be spent during the period from July 1, 1997, to approximately April 30, 1998, is as follows: Time Period July 1, 1997 to December 31, 1997 January 1, 1998 to April 30, 1998 2 Disbursement Requests to OCTA Estimated Estimated Hours Fee Amount 416 (16 Hrs/Wk) $31,200 216 (12 Hrs/Wk) $16,200 SUB TOTAL $47,400 30 2,100 TOTAL $49,500 -17- M 9 EXHIBIT "B" FEE RATE SCHEDULE Effective January 1, 1997 Gail P. Pickart, P.E. 3345 Newport Boulevard, Suite 215 Newport Beach, CA 92663 (714) 673 -6779 (714) 673 -6899 Fax Professional Services Eft Principal Project Manager Clerical/Word Processing II. Reimbursable Expenses 0 $90.00 $70.00 $35.00 1. Travel and subsistence to locations outside Orange and Los Angeles Counties will be billed at cost. 2. Reproduction, blueprinting, photocopying and photographing will be billed at cost. III. Outside Services Invoice costs of services and expense charged by independent contractor, consultants, specialists, and professional or technical firms in support of services provided by Gail P. Pickart, P.E., will be billed at 1.15 times cost. Q ..3 0 .l.. I �- ..,l LEGEND m RAISED MEDIAN NEW PAVEMENT PAVEMENT RECONSTRUCTION PAVEMENT OVERLAY m 51 DEWALK/WALKWAY O CONTOUR GRADINO AND/OR LANDSCAPING STRUCTURE RETAINING WALL OR SOUNDWALL NEWPORT BOULEVARD (OR55)/ PACIFIC COAST HIGHWAY (SRI) INTERCHANGE IMPROVEMENTS July 1, 1997 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Griffith Company 2020 So. Yale Street Santa Ana, CA 92704 -3974 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the Newport Blvd. (SR55) /Pacific Coast Highway "Arches" Interchange Improvements project in the City of Newport Beach- Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, L.aVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 1, 1997 • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 Aman Environmental Construction, Inc. 614 Edna Place Covina, CA 91723 Gentlemen: Thank you for your courtesy in submitting a bid for the Newport Blvd. (SR55)/ Pacific Coast Highway "Arches" Interchange Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, Cz LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 1, 1997 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 MCM Construction, Inc. 6413 32nd Street North Highlands, CA 95660 Gentlemen: (714) 6443005 Thank you for your courtesy in submitting a bid for the Newport Blvd. (SR55) /Pacific Coast Highway "Arches" Interchange Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, M- v,Y M. LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach r : CM COUroc!� ---L.'JF \IO%N ?0RT BEACH May 12, 1997 MAY 12M 1 "ITY COUNCIL AGENDA ITEM NO. 15 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 INCENTIVES FOR EARLY COMPLETION OF CONSTRUCTION RECOMMENDATION: Review incentives for early completion of construction and provide direction on whether or not to add an incentive item to the contract documents. DISCUSSION: • On April 28, 1997, the City Council authorized advertising for bids to construct the Arches Interchange project. City Council Member Thomson has requested staff to report upon the possibility of expediting the work so that construction could be completed in less than the 19 month period currently estimated for the project. At the completion of the design phase, the design engineer estimated a 19 month construction period. A construction management firm was asked to review the project plans and specifications and prepare a tentative construction schedule detailing the various segments of the construction project. This schedule (copy attached) shows that the project could be completed in 17 months without extensions for inclement weather, changed conditions and time extensions for extra work. The project bid documents specify a 350 working day (17 calendar months) construction period. This construction contract is scheduled for award by the City Council at the meeting of June 23rd; however, work that would impact traffic on Newport Boulevard or Coast Highway will not begin until the day after Labor Day, September 2nd. A 350 working day construction period requires approximately 17 calendar months to complete if there are no extensions of time due to changes in the work or delays due to inclement weather and unforeseen conditions. A project of this complexity and duration can ._. •anticipate approximately 2 months (40 working days) of extended time. If work started on September 2, 1997, it then would be completed in March of 1999. This meets the goal set by the Public Works Department of being under construction for only one summer season. In SUBJECT: NEWPORT B0�/ARD AND PACIFIC COAST HIGH' "ARCHES" INTERCHANGE IMPROVEMENTS - CONTRACT NO. 2886 May 12, 1997 Page 2 the various public meetings and presentations, the input received was that the project construction should not impact more than one summer season. The attached "Estimated Critical Path Construction Schedule" shows the phasing and types of construction activities that take place during this complicated project. To maintain traffic lanes stipulated in Caltrans and Coastal Commission permits, in addition to providing four travel lanes during peak hours for residents, tourists and merchants, the project must be constructed in stages. Each stage requires that traffic be moved to one side or the other to allow for its construction. The stages cannot be constructed concurrently and still maintain traffic flow. The project design team has reviewed the construction period to determine if it could be shortened by either of the following two methods: 1. Add a bid alternative to the proposal to compensate the contractor for shortening the construction period by a specified number of days. The bid documents currently specify that all work shall be completed within 350 standard working days. If the specifications are modified to allow the contractor to work additional • daytime hours, at night, during peak travel periods, on holidays, Saturdays, Sundays, etc., it may be possible to shorten the construction period. There will be an added cost to the contractor and the City for working beyond the normal working hours in a 5 day week. A bid alternative could be added to the proposal that would require the bidder to provide the extra cost for completing all work within less working days. Under this method, a desired date of completion including delays for inclement weather would be specified. Delays for unforeseen circumstances and added work would still extend beyond the desired completion date. Also, the contractor would be required to pay the overtime costs for workers, materials, lab work, construction management needed to expedite the completion of work. Upon award of the construction contract, the City Council would determine if the extra bid amount to shorten the construction period is justified, and would award the project accordingly. 2. Add an incentive /disincentive clause to the proposal to induce the contractor to shorten the construction period. In accordance with Caltrans procedures, the bid documents currently stipulate a liquidated damages assessment of $1,000 for each day that completion of work extends beyond the allocated 350 working days. By adding an incentive /disincentive clause to the proposal, the City could induce the contractor to shorten the construction period by paying him a daily bonus that the City Council deems appropriate to complete the contract work in advance of the 350 working days. Conversely, the contractor would be assessed the same amount for his failure to complete the work within the allocated 350 SUBJECT: NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY WHES' INTERCHANGE IMPROVEMENTS -CONTRACT NO. 2886 May 12, 1997 4e 3 working days. Also, the contractor would be required to pay overtime costs for workers, materials, lab work, construction management needed to expedite the completion of work. Should the City Council decide to add an incentive /disincentive clause to the proposal, Staff recommends that the bonus /penalty amount be set at $5,000 per working day. A lesser amount is not believed to be a sufficient incentive to expedite completion. A cap could also be placed on the maximum incentive payment allowed. These incentives will not affect the extra time that must be allocated to the contractor for constructing change order work. If unforeseen work is authorized under the City's contract, the contract period must be lengthened accordingly. The current 350 working day completion period would provide a completion date (including estimated delays) of March 1999. If the City Council desires to use the first incentive option and establish a November 15, 1998, completion date (12'/: month construction plus 2 month delays) the contract would have to be shortened to 250 working days. This would provide for a project completion prior to the 1998 holiday season. It is estimated that this reduction might add $1 - $1.5 million to the project cost. This is calculated at $10,000 to $15,000 per orking day of added costs due to overtime premiums, extra charges from material suppliers oncrete and asphalt plants etc.) due to work beyond 8 hours per day and weekend work. If the City Council is looking to shorten the project by 2 to 3 months that may be achieved by offering a bonus of $5,000 per working day for completing the project in advance of the 350 workday completion date. At this rate a 2 month early completion would cost the City about $200,000. Using either of the incentive programs would increase the cost of the project. The added costs would have to be taken from unprogramed CIOSA or Circulation and Transportation fund monies. The added costs of an incentive program would not be reimbursed from the Measure "M" and ISTEA funding programs. These added costs would reduce the funding available for the completion of circulation element projects such as the widening of Newport Boulevard between 30th and 32nd Streets, Bluff Road construction in West Newport, and Jamboree Road widening at Ford Road, Bison Avenue and University Drive. Shortening the project construction time will increase the intensity and duration of the work during that short construction period. Longer working hours, peak hour, night time, weekend and holiday work will significantly impact those using Newport Boulevard and Coast Highway. Adjoining residents and businesses will also be impacted by the longer hours of work. If the City Council determines that the bid documents should be revised to shorten the •construction period through either of the options described, an addendum to the bid package will be prepared and circulated. SUBJECT: NEWPORT BOOVARD AND PACIFIC COAST HIGH' "ARCHES" INTERCHANGE IMPROVEMENTS - CONTRACT N0. 2886 May 12, 1997 °age 4 Three possible council actions are: 1. Provide a bid alternative price to complete the project by (specify a date). 2. Add an incentive /disincentive clause providing a $ (specify an amount) per working day bonus /penalty for completing the project before or after the 350 working day completion date. 3. Leave contract as is. If the City Council wishes to adopt an incentive program, it is recommended that Action No. 2 be taken with a $5,000 per working day bonus /penalty and a cap of $300,000 for the bonus. If the contractor earns the maximum bonus, this would shorten the project by 3 months. Respectfully submitted, 0,(& PUBLIC WORKS DEPARTMENT Don Webb, Director LID Dalton, PE. Manager Project Attachment: Estimated Critical Path Construction Schedule 0 1] • a ESTIMATED CRITICAL PATH CONSTRUCTION v` SCHEDULE N A E N C 7 O Z m N r � A 'R V Z ' Z w o 0 Z 0 J N w Z Z W ' Q_ r U I- `A Ua- < w m Z ° z cc Z o< N m N o a d. Z (� O Cc 0- < w - r a cn N I 'o `_ s _ o -�- 3 3 �� a 3- - - �� I I o A Q n C Z E m W > Z Q U tZ-- = a m u F m z 3 p 61a O O iZ y G < 3 O 3 z o s tz' m z m < u` y u3i Z Z rs Z Z z J a o u rc D 2 F 0 o y U LL z 6 p rc L L a Y. z< 6 ILL a J< N m a m IL c 6 6 U < a m N J v1 Z Z a u H vOi Q N W d O A 7-- N CI O N W h W W N N N N N N N {rV N N ESTIMATED CRITICAL PATH CONSTRUCTION v` SCHEDULE N R d 0 N R M I R C R O Z 0 N A r m N V Z_ Z W z° m J N W z z °m Q b L q \ O CC CL ui aW O Z Z O Q O N CL z 3:o W p b > z Q CL W N LLI 2 c A I" c E' f� /1 r'• z F r. N rte. � Y O - I CE c Q 5 In o_ o R N 7 p U Z u S Z r > w p w J N y 6 i > F 0 w y C � C Z H < Z i h a H �' N i w O N Z_ z r z z yl L f m a a U Z m a N Y Z r. S y y > 5 d F. m D m w 6 V H O N u LL V m Z 3 r 3 3 Z 1 O O a Z O R U O °U m 6 w o a .,m, x o o C: a o N w p N a m < 3 N 3 m m m m w 3 3 � Z w V '�' N w ° N a m � w w w N E M Y y H A f p O N N O N 1� b 01 O N (1 O N N A b O O N 11 O N b h N N R d t 1 • 0 2 2 W 0 J W 2 Z Q U F- EE Ua Q W W2 CO F- O ll Z Q V �O W F- 2 Q ir Q w W W Q 'Q^ V K J •8' N d C ° l O Z d N m J d i o m c d e o � o Z o n m ° N S e m '+ q n e m d N O Z n N Of N o 4 T N J ' N N n n N P N N t a W U C 6 > � e J LL Yy C < z W N Z C r r' N Z r• �_ W J J U F y m O i < 5 h E C U 3 C U c z O a O Z F N L3 — N O ry y V N 10 n b OI O N N P N N 1� O W O April 28, 1997 f f ITY COUNCIL AGENDA APR 2 8 G997 � 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 - CONTRACT NO. 2886 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize staff to advertise for bids. DISCUSSION: The Arches Interchange project will provide a new entrance to the Balboa Peninsula. The Newport Boulevard bridge over Coast Highway will be removed and reconstructed to provide a modern structure with adequate lane widths, wide sidewalks that will accommodate bicycles, a median and merging lanes to accommodate free traffic flow from the ramps. The new bridge railings will allow a better view of the bay. A landscaping theme using Washington Robusta Palms, Bougainvillea, vine covered walls, and median plantings will welcome motorists to the Peninsula. The westerly side of the Newport Channel bridge will also be widened to accommodate the added merging lane and wider sidewalks. Roadway improvements including storm drains, retaining walls, sound walls, sidewalks, street lighting, medians, irrigation systems, and landscape improvements will be constructed between Short Street/Via Lido and Hospital Road. The plans and specifications were prepared under the direction of Moffat and Nichol Engineers. Lynn Capouya, Inc. provided the landscape architecture services. Over the past 8 months, the design team organized and held a series of 4 "aesthetic workshop" meetings with adjacent property and business owners. Representatives from community and business associations, Hoag Hospital, City Council and Arts Commission members also attended. Our intent was to make sure that the final Arches design would incorporate the many aesthetic considerations that the community desired. Additionally, the design team has presented the project at meetings with the Newport Harbor Chamber of Commerce, with community associations, with the Parks, Beaches and Recreation Commission, with the Gateway to Newport's Balboa Peninsula Citizens Committee, with staff from various City departments, and with owners of properties that SUBJECT: NEWPORT ADLEVARD AND PACIFIC COAST HIGH* "ARCHES" INTERCHANGE IMPROVEMENTS - CONTRACTNO. 2886 April 28, 1997 Page 2 are located immediately adjacent to the work sites. Attached is the flyer that has been used to inform these groups about the project. An 8 foot minimum - height sound attenuation wall (measured at the back of sidewalk) will be built within public rights -of -way to lessen the effects of construction upon 9 parcels that front on Clubhouse Avenue and back onto Newport Boulevard (see attached sketch). In addition, a privately -owned dock in Balboa Coves will be reconstructed to preserve the navigability of the northerly channel under Newport Boulevard. This dock work will be accomplished this summer under separate contract arrangements. Many utility relocations and upgrades are needed to accommodate the project. The City, working with public utility companies, will underground the overhead electrical, telephone, and cable transmission and service wires between Newport Boulevard and Clubhouse Avenue and across Newport Channel (proposed Underground Utilities District No. 14, approved for a public hearing on May 12, 1997). Also, street lighting systems throughout the project area will be substantially reconstructed and installed as a portion of the City's contract work. The County Sanitation Districts of Orange County ( CSDOC) is upgrading its sewer transmission system as a portion of the City's contract work through an agreement previously executed with the City. The 60 -year old CSDOC sewer pumping station at the northeast corner of Short Street and Newport Boulevard will be rebuilt on a portion of the City's new park site. This station pumps flow from sewer mains on Balboa Peninsula and Lido Isle to the District's treatment plant in Huntington Beach. Lynn Capouya, Inc. has prepared designs to be complementary to or consistent with the designs of adjacent landscape developments, and to meet the desires of the Balboa Peninsula Planning Advisory Committee, the Gateway to Newport's Balboa Peninsula Citizens Committee, and the long -term maintenance needs of the City's Parks Superintendent. Lynn Capouya, Inc. is also preparing separate PS &E packages for landscaping the surplus State parcel at Via Lido and Central Avenue, and the former Chevron service station site at Newport Boulevard and Short Street when CSDOC work is complete. The project construction cost estimate is $12,800,000, which includes construction management. The following sources of funding will provide for the contract management, construction, and support services contracts (i.e. geotechnical, materials certification, etc.): • SUBJECT: NEWPORT B EVARD AND PACIFIC COAST HIGH1� "ARCHES" INTERCHANGE IMPROVEMENT CONTRACT NO. 2886 April 28, 1997 Page 3 DESCRIPTION BALANCE Circulation &Transportation Fund $2,100,000 CIOSA Loan Fund $3,579,238 OCCTFP (ISTEA) $6,079,418 OCCTFP (Measure M) $ 471,344 Contributions Fund (Hoag and CSDOC) $ 570,000 Total $12,800,000 The City Council's approval to advertise the project for bids is contingent upon Caltrans also authorizing the City to advertise for bids. It is anticipated that this approval will be received in the next 2 - 3 weeks. A California Coastal permit and Santa Ana Regional Water Quality Control Board approval have been received. The U. S. Coast Guard and Corps of Engineers permits are near approval and will be received before award of contract. The construction contract is scheduled to be awarded June 23rd which meets the OCTA June 30th deadline. Preconstruction and partnering meetings will be held, and mobilization and incidental work will be done during the summer; however, work that • would interfere with traffic flow will not begin until after Labor Day. Work will then continue in phases for approximately 18 months plus the additional days granted for extra work, inclement weather, un- availability of materials, etc. All work should be completed prior to the summer of 1999. The project will be constructed in phases so that traffic on both Coast Highway and Newport Boulevard will have 2 lanes in each direction of travel during peak travel times. Respectfully s mitted, PUBLIC WORKS DEPARTMENT Don Webb, Director F • p5r or • - Attachments: Map M- 5328 -L . 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Z Q o .� m in FL N cri THE NEWPORT REACH r COSfAUM him—IV P!O-1flL'* or Dear Advertiser: 0 /0 �// - dl6itk Client Reference C � Daily Pilot Reference # Enclosed please find clipping of your ad from the first publication, beginning � -/— ,• If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. 330 West Bay Street, Costa Mesa, CA 92627 (714) 64Z -4321 FAX (71 q) 631 -5902 on 1997 , cull wammis .2858 a Estimate Approved by the Ckyl DOYncll Ihis 25th day of Nutt, 1907 LeVonna Markleaa, Clq Clerk Prospective bidders may purchase bid documents for 075.90 per sot at the Public Works Department, :3300 Newport Boulevard, Newport Beach. Prospective bidders should attend a probid meeting, at 9:00 em, May 28, 1997 In the Fire Confer. wee Room. 3300 Newport Boulevard, Newport Beech. For further Information, please contact Lloyd Dal. ton, P.E. at (714) 5443325. Published Newport isaol►CoMS men Cary Pier slay is. N, 101. Sincerely, _y O tting Manager Legal Advertising Department v Authorized to Publish Advertisements of all kinds ing public notices by Decree of the Superior Court of Orange County, G �rornla. Number A.6214, September I9, 1961, and A-24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of- eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City,of Costa Mesa, County of, Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: May 15, 19, 1997 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 19 , 199 7 at Costa Mesa, California. I �612 Signature J 0 PUBLIC NOTICE' NOTICE I INVITING BIDS Sealed_ bids will :be re. calved at the office of the Ciry Clerk, .3300 Newport Boulevard, P.O. Box '1769; Newport Beach, CA 92659. 1768 until 11:00 A.M. on the 10th day of June, 1997 at which time such bids will be opened and read for: Newport Boulevard (SR 55) /Pacific Coast Highway (SR 1) 'Arches ". Inter- change Impptovements Cbntra I No. 2886 Engineer's Estimate $12;000,000 Approved by the City Council this 281h day of April. 1997 ;fly Clerk Prospective bidders may urchase bid documents X $75.00 per set at the 'ublic Works Department;; 300 Newport .Boulevard,' Iewport Beach. Prospective .bidders hould attend a prebid testing at 9:00 am, May 8,1997 in the Fire Center. nce Room; 3300.Newport loulevard, Newport Beach. For further Information, lease contact Doyd Dal - >n, P.E. at (714) 644 - 3328., Published Newport leach -Costa Mesa Dally 11011 May 15, 19, 1997. ThM856