HomeMy WebLinkAboutC-2931(A) - Birch Street Bridge Widening Over State Route 73 (Corona del Mar Freeway/San Joaquin Hills Tollway)PROFESSIONAL SERVICES AGREEMENT
FOR
CIVIL ENGINEERING SUPPORT DURING CONSTRUCTION
OF BIRCH STREET OVERCROSSING AT STATE
ROUTE 73 IMPROVEMENTS
THIS AGREEMENT, entered into this ZL day of _1997, by and between
CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "),
and WILLDAN ASSOCIATES whose address is 888 South West Street, Suite 300,
Anaheim, California 92802, (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 to widen the Birch
Street Overcrossing at State Route 73 which is identified as Contract No.
2931 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,
structural engineering, traffic and lighting engineering, upon the terms and
conditions contained in this Agreement.
D. The principal members of Consultant for purpose of this Project are Teresa
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Kelley, P.E. Jaime Chang, P.E., and Lew Gluesing, 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 1 st day of August 1997,
and shall terminate on the 30th day of June, 1998, unless terminated earlier
as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth herein:
2.1 Review shop drawings and other contractor submittals for conformance with
the plans and specifications, and make recommendations for acceptance,
denial, or for resubmittal as requested by the City's Project Administrator.
2.2 Review requests for information as requested by the Project Administrator
and make recommendations or provide information as appropriate.
2.3 Review change order requests and make recommendations as requested by
the Project Administrator.
2.4 Observe construction operations and attend meetings as requested by the
Project Administrator.
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3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section, and the scheduled billing rates set forth in Exhibit "A" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of the City Engineer. Consultant's compensation
for all work performed in accordance with this Agreement shall not exceed the total contract
price of twenty -two thousand dollars ($22,000).
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 W.
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
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been approved in advance by City and awarded in accordance with the terms
and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
4. STANDARD OF CARE
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
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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.
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 Teresa Kelley to be its Project
Manager.
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Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of the City
Engineer. Consultant warrants it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
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.
12. HOLD HARMLESS
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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 Agreement. Except
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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 One
Million Dollars ($1,000,000).
Said policy or policies shall be endorsed to state that coverage shall not be
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canceled by either party, except after thirty (30) days' prior notice has been given in writing
to City. Consultant shall give to City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City,
on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
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
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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 ;lability to Consultant. Further, any and all liability arising out of
changes made to Consultant's deliverables under this Agreement by City or persons other
than Consultant is waived as against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received from
Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish reports
concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
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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.
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
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Agreement.
20. WITHHOLDINGS
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City may withhold payment of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure to
pay according to the terms of this Agreement. Consultant shall not discontinue work for a
period of thirty (30) days from the date of withholding as a result of such withholding.
Consultant shall have an immediate right to appeal to the City Manager or his designee
with respect to such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of
any amounts found to have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have resulted
if there were not errors or omissions in the work accomplished by Consultant, the additional
design, construction and /or a restoration expense shall be 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
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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 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:
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Attention: William Patapoff, City Engineer
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: Teresa Kelley, P.E.
Willdan Associates
888 S. West Street, Suite 300
Anaheim, CA 92802
(714) 563 -3200
FAX: (714) 563 -3299
26. TERMINATION
In the event either party hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period of
two (2) days, or if more than two (2) days are reasonably required to cure the default and
the defaulting party fails to give adequate assurance of due performance within two (2)
days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party
written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
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provided herein. Upon termination of this Agreement, City shall pay to the Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein whether of the same or a different
character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
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
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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 ;ADD data for additions to this Project, for the completion of this
Project by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant
for damages and liability resulting from the modification or misuse of such CADD data.
32. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
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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:
LaVonne Harkless
City Clerk
t /g ro u p s/p u bwo r ks /98 -a g m t\w i l l d a n
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CITY OF NEWPORT BEACH
A Municipal Corporation
By:
City Manageif
City of Newport each
CONSULTANT
Willdan Associates
By�
AMENDMENT NO. 3
TO
CONSULTANT AGREEMENT
FINAL DESIGN OF BIRCH STREET BRIDGE WIDENING
OVERCROSSING STATE ROUTE 73 FREEWAY
THIS AMENDMENT NO. 3 TO CONSULTANT AGREEMENT, entered
into this COI� day of ��;:,��
1997, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and
WILLDAN ASSOCIATES, a California corporation, whose address is 888 South West
Street, Suite 300, Anaheim, California 92802 -1845, (hereinafter referred to as
"CONSULTANT'), is made with reference to the following:
RECITALS:
A. On February 12, 1996, a Consultant Agreement was entered into
by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT".
B. CITY and CONSULTANT mutually desire to amend AGREEMENT
as provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. The scope of services to be performed by CONSULTANT is
expanded to include additional services, as set forth in Exhibit "A ". and is attached
hereto and incorporated herein by reference.
2. Compensation to be paid to CONSULTANT for such additional
scope of services is $15,000, thereby increasing the not -to- exceed compensation
amount for AGREEMENT from $306,418.0 to $321,418.
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3. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain the same and continue to be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
AMENDMENT NO. 3 to AGREEMENT on the date first above written.
CITY OF NEWPORT BEACH,
a municipal corporation
BY:
AP i,Q� C? AS TO FORM:
--
City Attorney
CONSULTANT
BY.
I dan Associates
ATTEST:
City Clerk
f:\groups\oubworks\agmts\wilidan3.doc
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EXHIBIT A
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ADDITIONAL SERVICES PERFORMED BY CONSULTANT
i. Revisions to sewer force main design.
2. Redesign of bridge flare
s. Conversion of bridge mounted sign plan sheet to metric.
a. Inclusion of County of Orange Bristol Street left turn lane plan with project
plans.
s. Preparation of Bid Addendum No. 1 to include Birch Street Widening plans
into construction contract.
s. Revision to Birch Street Widening plans as requested by City.
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cH December 9, 1996
. DEC S CITY COUNCIL AGENDA
i
ITEM NO. 6
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: BIRCH STREET BRIDGE WIDENING OVER STATE ROUTE 73
CONTRACT NO. 2931
RECOMMENDATIONS:
1. Approve Amendment No. 2 to Consultant Agreement with Willdan Associates for
additional civil engineering services and increase the compensation by $34,309.
2. Authorize the Mayor and the City Clerk to sign Amendment No. 2 on behalf of the
City.
• DISCUSSION:
On February 12, 1996, the City Council approved a Consultant Agreement with Willdan
Associates to provide final design services related to the Birch Street Bridge Widening
over the Corona del Mar Freeway (now part of the San Joaquin Hills Tollway [State
Route 73] ) for an amount of $264,595.00 plus a 10% contingency in the amount of
$26,459.50.
During the course of performing their work under this agreement, the need to prepare
an expanded seismic analysis in conformance with new Caltrans requirements
(implemented after initial work by Consultant had begun) was identified, and
Amendment No. 1 in the amount of $7,514 (less than the 10% contingency) was
approved by the Public Works Director on August 8, 1996.
Willdan has substantially completed the work authorized by both the initial agreement
and Amendment No. 1.
Since approval of Amendment No. 1, more additional work items have been identified
and Willdan has requested additional compensation for their increased scope of
services in the amount of $34,309. A summary of the additional work items is as
follows:
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SUBJECT: BIRCH STREET BRIDGE WIDENING OVER STATE ROUTE 73
December 9, 1996
Page 2
1. Design of a Costa Mesa Sanitary District sewer force main to be installed within the
new, widened portion of the bridge. This cost will be paid by the Orange County
Development Agency (OCDA) by separate agreement (on tonight's agenda).
2. Convert the completed hydrology and hydraulic report to metric units as required by
Caltrans during their review.
3. Review the parkway width and the street alignment geometrics on the westerly side
of Birch Street. This revision was directed by City staff to reduce the amount of on-
site driveway reconstruction.
4. Detail a Type 6 railing on the widened portion of the bridge to match the existing
railing on the other side. Since Caltrans no longer includes this railing in their
standard plans, Willdan had to convert the former standard to metric units.
5. Willdan was required to revise their design plans for the bridge widening to add a
flare to increase sight distance, as required by Caltrans during their review of the
final plans. This requirement was not identified by Caltrans during their review of
the Project Study Report.
6. At the request of City staff, Willdan revised the street widening plans to use a
commercial Type III driveway to facilitate vehicular ingress and egress.
Staff has reviewed the additional work identified by Willdan and the corresponding
additional compensation requested. Both appear to be justified and Amendment No. 2
is recommended for approval. The total compensation will become $306,418. A
summary is listed below:
Contract $ 264,595
Amendment No. 1 $ 7,514
Amendment No. 2 $ 34.309
Total $ 306,418
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SUBJECT: BIRCH STREET BRIDGE WIDENING OVER STATE ROUTE 73
December 9, 1996
• Page 3
Funds to cover the additional costs are available in the current Fiscal year 1996 -1997
budget in the following amounts:
Account. No.
7181- C5100065
7261- C5100065
7251- C5100065
Total
* This budget amount will
Amount Fund
$12,528 Gas Tax
$12,527 Circulation & Transportation
9,254 OCDA Contribution
$34,309
be established after execution of Three Party Agreement
Respectfulllly� �submitted,
PUBLIC WORKS DEPARTMENT
• Don Webb, Director
by: �ru
Emmet Berker�
Project Management Consultant
Attachment: Willdan Letter
Consultant Agreement
Amendment No. 1
•
AMENDMENT NO. 2
TO
CONSULTANT AGREEMENT
FINAL DESIGN OF BIRCH STREET BRIDGE WIDENING
OVERCROSSING STATE ROUTE 73 FREEWAY
THIS AMENDMEy� NO. 2 TO CONSULTANT AGREEMENT, entered
into this 7 L day of ` l/J�( �VI ze�'—'1996, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and
WILLDAN ASSOCIATES, a California corporation, whose address is 888 South West
Street, Suite 300, Anaheim, California 92802 -1845, (hereinafter referred to as
"CONSULTANT "), is made with reference to the following:
RECITALS:
A. On February 12, 1996, a Consultant Agreement was entered into
by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ".
B. CITY and CONSULTANT mutually desire to amend AGREEMENT
as provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. The scope of services to be performed by CONSULTANT is
expanded to include additional services, as set forth in CONSULTANT's letter dated
October 28, 1996, which is marked as Exhibit "A" and is attached hereto and
incorporated herein by reference.
2. Compensation to be paid to CONSULTANT for such additional
scope of services is $34,309.00, thereby increasing the not -to- exceed compensation
amount for AGREEMENT from $272,109.00 to $306,418.00.
3. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain the same and continue to be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
AMENDMENT NO. 2 to AGREEMENT on the date first above written.
CITY OF NEWPORT BEACH,
a municipal corporation
BY:
M o
AMOS TO FORM:
City Attorney
ATTEST:
City Clerk
fAgroups \pubworks \agmts \wil Ida n 1.doc
CONSULTANT
BY: A�� ,
Ildan Associates
WIL *AN ASSOCIATES ❑ EiNGAVS & PLANNERS
NovembL3 X19 6 Professional Consulting Services Since 1964
Mr. Emmet Berkery
Project Manager
City of Newport Beach
3345 Newport Boulevard
Newport Beach, CA 92663
RE: Birch Street /SR73 Overcrossing PS &E - Revised Request for Additional Funds
Dear Mr. Berkery:
In the last couple of months several items of work for inclusion in the aforementioned subject's PS &E
package have been completed that were not included in Willdan's original scope of work and fee.
In discussions with Gail Pickart and yourself I identified these items and it was agreed that we would
wait to submit our original request for additional funds for these items until the scope of work for
providing the PS &E for the sewer force main was identified. That scope of work was identified in
a meeting held on September 26, 1996. In addition, we agreed to wait to receive continents on our
recent 100% PS &E submittal. As I indicated to you we have not received significant comments from
Clatrans. However, we did receive some comments from you that is requiring us to perform
additional work. Thus we are submitting this revised Request for Additional Funds.
A detailed scope of work and fee breakdown for each of the following items have been included in
the enclosed attachments:
Sewer Force Main $9,254
Hydrology/Hydraulic Metric Conversion ! $2,416
Increase Birch Street Parkway and Revise Right Turn. Taper 1 $8,505
I Type 6 Railing I $1,562
I Bridge Deck Flare I $10,9301
Revise Type II Driveways to Type III Driveways I $1,642
Totes!
If you have any questions please contact me.
888 S. WEST STREET • SUITE 300 • ANAHEIM, CALIFORNIA 92302 -1845 • (714) 563 -3200 • FAX (714) 563 -3299
0
Mr. Emmet Berkery
Page 2
November 23, 1996
Respectfully yours,
Teresa A. Kelley, P.E.
Supervising Engineer
TAK/tak
Enclosures (6)
Cc: Dave Anderson
Dave Hunt
Ken Steele
Jamie Chang
Steve Leathers
Jim Sauer
0
Sewer Force Main
P
In a meeting held on September 26, 1996 (see enclosed meeting minutes) we discussed the scope
of work for incorporating the 8 -inch sewer force main. Willdan will provide final plans, specifi-
cations and estimates to complete the work discussed. The limits of the work to be completed
will be from the 16 -inch high pressure gas line (a distance in accordance with Caltrans' policies)
across the bridge and North Bristol Street to Birch Street's BCR. The work will require coordi-
with Caltrans' DOS and District 12, the City and Costa Mesa Sanitation District (CMSD). The
plans and specifications will be completed in metric. We have assumed in our estimate that a
maximum of three standard drawings will require conversion to metric and put on the plans as
details. We would complete this work by scanning the drawings and converting the numbers and
notes to metric. The following is our estimate to complete this work:
11123/96
0 0
lfydr0109j /Hydraulic Metric Conversion
When preparing the proposal for this project it was our understanding that Caltrans was not
requiring that the hydrology and hydraulic data and calculations be completed in metric. It was
our understanding that because historic hydrology data was not available in metric that Caltrans
would accept hydrology and hydraulic data and calculations in English and only require metric
conversion of the final drainage facilities' sizes used in design. Caltrans has since required that
hydrology/hydraulic data and calculations be shown and completed in metric. We completed
research trying to locate hydraulic metric programs but none were to be found. Thus, we had to
convert all the hydrology input to English to use in the hydraulic programs and reconvert the
output back to metric. We had to convert all of our Hydrology spread sheets to metric and
convert the hydrology input into metric for use in the spread sheets. The following is our fee for
completing this work:
11/23/96
r
I PERSONAI CLASSIiTCA TTONI
fSi3CiIbS1ZE
�i
TO AT s�
Division Manager
$120.00; $o
Supervising Engineer
�I 2{
$110.00:
$220
Senior Engineer
$99,001
so
Senior Survey Analyst
$85.001
$0
Senior Design Engineer
261
$76.001
$1,976
Senior Drafter
$66.00
$0
Word Processing
1
$40.00
$0
Project Manager
I 21
$110.001
$220
11/23/96
0 0
Increase Birch Street Parkway and Revise Right Turn Taper
On August 21, 1996 the City instructed Willdan to increase the parkway width from 2.1 meters
to 2.4 meters on the west side of Birch Street. The right -of -way maps and documents, design
alignments, driveway profiles and quantities required revising as the result of this request.
During the week of November 11 the City decided to revise the right turn lane taper location
and length to avoid reconstruction of Newport Car Wash's driveway. Relocation of the taper
required investigations, calculations and revisions to the layout, profile, drainage, and striping pla
In addition, the right -of -way maps and documents required revisions and minor adjustments to
quantities were made.
The following is our fee for completing this work:
11/23196
0
Type 6 Railing
0
Willdan proposed to use Type 6 Railing currently in use on the overcrossing to provide compati-
bility. This was acceptable to the City with the understanding that Willdan was required to con-
vert Caltrans Type 6 railing standard plan to metric since Caltrans will not be converting this
plan to metric because they no longer use Type 6 Railing. The following is our fee for com-
pleting this work:
11/23/96
Bridge Deck Flare
During the design phase of this project Willdan received information from Caltrans requiring us
to incorporate new design criteria for the sight distance across the overcrossing at the North
Bristol Street intersection. The result of this criteria and the delay in receiving confirmation of
our design until after the Type Selection required us to redesign the superstructure section to in-
corporate a tapered bridge railing design. The tapered design could not be simply incorporated
into the bridge deck. Two new drawings had to be added due to the deck flare within Pier 2 and
Abutment 3, Abutment 1 and 3 required separate detailing, the girder layout sheet was modified
to cover the flare detail and a girder layout detail was added to show additional sections of the
flare. The following is our fee for completing this work:
11/23/96
PERSONAL .CT.ASSIFTCATION 1
HOi RS {
RATE l
TOa Af
(Division Manager
$120.0011
$0
Supervising Engineer
41
$110.0011
$440
Senior Engineer
38
$99.00.
$3,762
Survey Analyst
$85,00i
$0I
!Senior
Senior Design Engineer
48
$76.001
$3,6481
Senior Drafter
40
$66001
$2,640 j
Word Processing
i
$40.00;
$0j
Project Manager �1
4
i
$110.001
$440j
11/23/96
0 0
Revise Tv�e II Driveways to Type III Drivew�
Our 65% submittal included callouts for Type II driveways per the City's standard. Review
comments did not indicate that the Type II driveways were not acceptable. Thus, Willdan
proceeded to calculate and prepare construction details for Type If driveways. In addition,
Willdan had to redraft the City's Type II standard plan from English to metric. The recent submittal
comments indicated that Type III driveways are now required instead of Type If driveways. Our
work to complete this request includes recalculating details and revisions to the layout and
construction detail sheets. The following is our fee to complete this work:
11/23/96
Revise Tyne H Driveways to Type III Driveways
Our 65% submittal included callouts for Type II driveways per the City's standard. Review
comments did not indicate that the Type II driveways were not acceptable. Thus, Willdan
proceeded to calculate and prepare construction details for Type II driveways. In addition,
Willdan had to redraft the City's Type 11 standard plan from English to metric. The recent submittal
comments indicated that Type III driveways are now required instead of Type 11 driveways. Our
work to complete this request includes recalculating details and revisions to the layout and
construction detail sheets. The following is our fee to complete this work:
11/23/96
$120.00'
$0
Division Manager
Supervising Engineer
� 5110.00
$01
Senior Engineer
$99.00
$0
Senior Survey Analyst
$85.00
$0
Two -Man Survey Crew
L13.5
$156.00
$0
Senior Design Engineer
$76.00
$1,026
Senior Drafter
$66.00
$396
Word Processing
$40.00
$0
ProjectMana er
$110.00
$220
11/23/96
i
•
11/23/96
AMENDMENT NO. 1
TO
CONSULTANT AGREEMENT
FINAL DESIGN OF BIRCH STREET BRIDGE WIDENING
OVERCROSSING STATE ROUTE 73 FREEWAY
THIS AMENDMENT NO. 1 TO .CONSULTANT AGREEMENT, entered
into this day of / 1('s� , 1996, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and
WILLDAN ASSOCIATES, a California corporation, whose address is 888 South West
Street, Suite 300, Anaheim, California 92802 -1845, (hereinafter referred to as
"CONSULTANT "), is made with reference to the following:
RECITALS:
A. On February 12, 1996, a Consultant Agreement was entered into
by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ".
B. CITY and CONSULTANT mutually desire to amend AGREEMENT
as provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. The scope of services to be performed by CONSULTANT is
expanded to include a seismic analysis of the existing Birch Street bridge, based on a
new California Seismic Hazard Fault Map and a new Site Specific Acceleration
Response Curve, as set forth in CONSULTANT's letter dated July 15, 1996, which is
marked as Exhibit "A" and is attached hereto and incorporated herein by reference.
2. Compensation to be paid to CONSULTANT for such additional
scope of services is $7,514.00, thereby increasing the not -to- exceed compensation
amount for AGREEMENT from $264,595.00 to $272,109.00.
0
0
3. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain the same and continue to be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
AMENDMENT NO. 1 to AGREEMENT on the date first above written.
Kk,.a6 TO FORM:
CITY OF NEWPORT BEACH,
a municipal corporation
BY:
Public Works Director
CONSULTANT
Idan Associates
ATTEST:
i
City Clerk
f: \groups \pubworks \agmts \willdan 1.doc
'A7 WILTDAN ASSOCIATES ❑ ENGIM�ERS & PLANNERS
Professional Consulting Services Since 1964
July 15, 1996
Mr. Gail Pickart
Project Management Consultant
City of Newport Beach
3345 Newport Boulevard, Suite 215
Newport Beach, CA 92663
Subject: Birch Street Overcrossing Widening at State Route 73 - City Reference E006501
Request for Additional Funds for Seismic Analysis
Dear Mr. Pickart:
At the close of our June 25, 1996 PDT Meeting I discussed our request for additional fixnds for the
Birch Street Overcrossing seismic analysis. As you will recall at our initial PDT Meeting held on
March 13, 1996 Mr. Be Nguyen of Caltrans Department of Structures (DOS) informed us that there
was a new California Seismic Hazard Fault Map and as a result a new Site Specific Acceleration
Response Spectrum (ARS) Curve required to be included in the foundation report.
Willdan completed a seismic analysis on the overcrossing during the preparation of the Advance
Planning Study completed during the Combined PSR/PR phase. The results of that analysis indicated
that the existing overcrossing did not require seismic retrofitting. Therefore, Willdan did not include
a scope and fee to complete a seismic analysis during Type Selection. However, as mentioned above
Caltrans' seismic map had been recently revised and thus, a new ARS Curve and seismic analysis had
to be completed during Type Selection.
We have completed 90% of the Bridge Type Selection task and it is apparent that we are unable to
absorb the additional hours it took us to complete the seismic analysis. In addition, Earth Mechanics,
Inc. (EMI) (our geotechnical subconsultant) incurred additional hours creating the Site Specific ARS
Curve and obtaining Caltrans approval of the curve. Willdan also had a few hours coordination time
between Caltrans and EMI necessary to obtain approval of the curve.
We are now requesting approval to obtain additional funds for the above work and in accordance
with the following breakdown:
EXHIBIT "A"
888 S. WEST STREET • SUITE 300 • ANAHEIM, CALIFORNIA 92802 -1845 • (714) 563 -3200 • FAX (714) 563 -3299
0
Task
Description
Supervising
Engineer
98
Word
Processing
5
Total
Task Hours
Total
Task Fee
Project Management
6
6
$588
Coordination with Caltrans and
EMI
4
4
$392
Seismic Analysis
40
40
$3,920
Re ort
8
2
10
854
Hours
58
2
60
&illdan F
$5A4
70
$5,754
EMI 16 hours at 110/hour
11,7601
Total
$7,514
If you have any questions regarding this request please contact me at 310 -597 -7896.
Sincerely yours, /
�� i
Teresa A. Kelley, P.E.
0 0
FINAL DESIGN OF BIRCH STREET BRIDGE WIDENING
OVERCROSSING STATE ROUTE 73 FREEWAY
THIS AGREEMENT, entered into this /afh day of
_1996, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, (hereinafter referred to as "CITY ") and Wilidan Associates,
a California corporation, whose address is 888 S. West Street, Suite 300,
Anaheim, CA 92802 -1845, (hereinafter referred to as "CONSULTANT ") is made
with reference to the following:
A. CITY is a municipal corporation duly organized and validly
existing under the laws of the State of California with the power to carry on its
business as it is now being conducted under the Statutes of the State of California
and the Charter of the City.
B. CONSULTANT is a corporation organized to provide professional
services to public agencies and private entities in the areas of civil, structural, and
traffic engineering.
C. CITY and CONSULTANT entered into a Consultant Agreement
dated February 23, 1994, whereby CONSULTANT prepared a combined Project
Study Report and Project Report (PSR /PR) for the Birch Street Bridge Widening
Overcrossing State Route 73 Freeway (hereinafter referred to as "PROJECT ")
which covers improvements identified as resulting in substantial public benefits.
The PSR /PR has been satisfactorily completed.
D. CITY has conducted a qualification based selection process to
choose a private firm to provide professional engineering services to prepare final
design for PROJECT consisting of Plans, Specifications and Estimates (PS &E).
E. CONSULTANT has submitted a Proposal dated January 25,
1996, setting forth the scope of services and associated fees and costs to prepare
PS &E for the PROJECT.
25, 1996.
F. CITY desires to accept CONSULTANT'S Proposal dated January
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
0
SECTION 1. TERM
0
The term of this Agreement shall commence on the date of execution of this
Agreement and shall terminate on June 30, 1997, unless terminated earlier as set
forth herein.
CONSULTANT shall complete all services and work as set forth herein and
more fully described in the Proposal dated January 25, 1996 which is attached and
identified as Exhibit "A" and incorporated herein by this reference.
CITY shall provide CONSULTANT with full information regarding its
requirements for PROJECT if not identified in CONSULTANT's Proposal and shall
furnish, without charge or cost to CONSULTANT, any information, data, plans,
specifications, maps and records which are available to CITY and are necessary for
CONSULTANT to fulfill the tasks and services set forth in this Agreement.
CONSULTANT shall be compensated for services performed pursuant to this
Agreement in the amount set forth in Exhibit "A ", the Proposal, which is attached
hereto and incorporated herein by this reference. The maximum fee and
reimbursable costs shall not exceed $264,595.00 without further written
authorization in the form of an Amendment to this Agreement signed by both
CONSULTANT and CITY. City's Public Works Director has authority to approve
amendments increasing CONSULTANT's compensation up to 10% of the total
maximum fee and reimbursable costs.
CONSULTANT anticipates submitting invoices on a monthly basis for work
performed during the previous month. CITY agrees to pay all undisputed invoice
amounts within thirty (30) calendar days after receipt of the invoice.
CONSULTANT agrees to perform all services hereunder in a manner
commensurate with the community professional standards and agrees that all
services shall be performed by qualified and experienced personnel who are not
employed by the CITY nor have any contractual relationship with the CITY.
SECTION 6. INDEPENDENT PARTIES
CITY and CONSULTANT intend that the relation between them created by
this Agreement is that of employer- independent contractor. The manner and means
of conducting the final design 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.
2
i
pate [ • 7 i l [ • ] •7 : T 1 I � ri 1�9
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, arising out of CONSULTANT's negligent performance of
services or work conducted or performed pursuant to this Agreement.
• ;14 • •
Without limiting the CONSULTANT's indemnification of CITY, CONSULTANT
shall obtain and provide and maintain at its own expense during the term of this
Agreement, a policy or policies of liability insurance of the type and amounts
described below and satisfactory to the CITY. Such policies shall be signed by a
person authorized by that insurer to bind coverage on its behalf and must be filed
with the CITY prior to exercising any right or performing any work pursuant to this
Agreement. All insurance policies, except workers' compensation and professional
liability, shall add as insured the CITY, its elected officials, officers and employees
for all liability arising from CONSULTANT's services as described herein.
Prior to the commencement of any services hereunder, CONSULTANT shall
provide to CITY, certificates of insurance from an insurance company 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 carriers having a
Best's rating of Class B or better:
1. Workers' compensation insurance covering all employees and
principals of the CONSULTANT, per the laws of the State of
California;
2. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum
amount of $1 million combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial general
liability insurance or other form with a general aggregate is used, either
the general aggregate shall apply separately to this project, or the
general aggregate limit shall be twice the occurrence limit;
3. Commercial auto liability and property insurance covering any owned
and rented vehicles of CONSULTANT in a minimum amount of $1
million combined single limit per accident for bodily injury and property
damage.
3
4. Professional liability insurance which includes coverage for the
professional acts, errors, and omissions of the CONSULTANT in the
amount of at least $ 1,000,000.
Said policy or policies shall be endorsed to state that coverage shall not be
suspended, voided or canceled by either party, or reduced in coverage or in limits
except after thirty (30) days' prior notice has been given in writing to CITY.
CONSULTANT shall give to CITY prompt timely notice of claim made or suit
instituted arising out of CONSULTANT's operation hereunder. CONSULTANT shall
also procure and maintain, at its own cost and expense, any additional kinds of
insurance, which in its own judgment may be necessary for its proper protection
and prosecution of the work.
CONSULTANT agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive liability
insurance, that CONSULTANT shall look solely to its insurance for recovery.
CONSULTANT hereby grants to CITY, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either CONSULTANT or
CITY with respect to the services of CONSULTANT herein, a waiver of any right of
subrogation which any such insurer of said CONSULTANT may acquire against
CITY by virtue of the payment of any loss under such insurance.
_•• • , •
With the exception of workers' compensation and professional liability
insurance, CITY, its City Council, boards and commissions, officers, and employees
shall be named as an additional insured under all insurance coverage required by
this Agreement. The naming of an additional insured shall not affect any recovery
to which such additional insured would be entitled under this policy if not named as
such additional insured. An additional insured named herein shall not be held liable
for any premium, deductible portion of any loss, or expense of any nature on this
policy or any extension thereof. Any other insurance held by an additional insured
shall not be required to contribute anything toward any loss or expense covered by
the insurance provided by this policy.
• 'i•■ • :
CONSULTANT shall not assign, sublease, hypothecate, or transfer this
Agreement or any interest therein directly or indirectly, by operation of law or
otherwise without the prior written consent of CITY. Any attempt to do so without
said consent shall be null and void, and any assignee, sublessee, hypothecate or
4
0 0
transferee shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of CONSULTANT, or of the interest of any general partner
or joint venturer or syndicate member or cotenant if CONSULTANT is a partnership
or joint venture or syndicate or cotenancy, which shall result in changing the
control of CONSULTANT, shall be construed as an assignment of this Agreement.
Control means fifty percent (50 %) or more of the voting power of the corporation.
SECTION 10. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term
of this Agreement, all appropriate permits, licenses and certificates that may be
required in connection with the performance of services hereunder.
SECTION 11. REPORTS
Each and every report, draft, work - product, map, record and other document
reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in
connection with this Agreement shall be the exclusive property of CITY.
CITY shall make no use of materials prepared by CONSULTANT pursuant to
this Agreement, except for construction, maintenance and repair of the Project.
Any use of such documents for other projects or other purposes, and any use of
uncompleted documents, shall be at the sole risk of the CITY and without liability
or legal exposure of the CONSULTANT.
No report, information or other data given to or prepared or assembled by the
CONSULTANT pursuant to this Agreement shall be made available to any individual
or organization by the CONSULTANT without prior approval by CITY.
CONSULTANT shall, at such time and in such form as CITY may require,
furnish reports concerning the status of services required under this Agreement.
SECTION 12. RECORDS
CONSULTANT shall maintain complete and accurate records with respect to
costs, expenses, receipts and other such information required by CITY that relate to
the performance of services required under this Agreement.
CONSULTANT shall maintain adequate records of services provided in
sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be
clearly identified and readily accessible. CONSULTANT shall provide free access to
the representatives of CITY or its designees at all proper times to such books and
records, and gives CITY the right to examine and audit same, and to make
transcripts therefrom as necessary, and to allow inspection of all work, data,
5
documents, proceedings and activities related to this Agreement. Such records,
together with supporting documents, shall be kept separate from other documents
and records and shall be maintained for a period of three (3) years after receipt of
final payment.
SECTION 13. NOTICES
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served when
delivered personally or on the second business day after the deposit thereof in the
United States mail, postage prepaid, registered or certified, addressed as hereinafter
approved.
All notices, demands, requests, or approvals from CONSULTANT to CITY
shall be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Don Webb, Director of Public Works
(714) 644 -3311
All notices, demands, requests, or approvals from CITY to CONSULTANT
shall be addressed to CONSULTANT at:
C. Michael Ofenstein, Senior Vice President
Willdan Associates
888 S. West Street, Suite 300
Anaheim, CA 92802 -1845
Attention: Ms. Terry Kelley
(714) 563 -3200
SECTION 14. TERMINATION
Either party may terminate this Agreement at any time and for any reason by
giving the other party seven (7) days' prior written notice; notice shall be deemed
served upon deposit in the United States Mail, postage prepared, addressed to the
other party's business office. In the event of termination due to the fault of
CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only
those authorized services which have been completed and accepted by CITY. If
this Agreement is terminated for any reason other than fault of CONSULTANT,
CITY agrees to compensate CONSULTANT for the actual services performed up to
the effective date of the Notice of Termination, on the basis of fee schedule
contained above, subject to any maximum amount to be received for any specific
service.
3
SECTION 15. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for
damages by reason of an alleged breach of any provisions of this Agreement, the
prevailing party shall be entitled to receive from the losing party all costs and
expenses in such amount as the court may adjudge to be reasonable attorneys'
fees.
SECTION 16. COMPLIANCES
CONSULTANT shall comply with all laws, state or federal, and all
ordinances, rules and regulations enacted or issued by CITY.
SECTION 17. WAIVER
A waiver by CITY of any breach of any term, covenant, or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant, or condition contained herein whether of the
same or a different character.
This Agreement represents the full and complete understanding of every kind
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 hereof. Any
modification of this Agreement will be effective only by written execution signed by
both CITY and CONSULTANT.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first above written.
ATTEST:
City Clerk
APZVED AS TO FORM:
ty Attorney
CITY OF NEWPORT BEACH,
a municipal corporation
BY: ? 1
MAYOR
CONSULTANT
BY:
Willdan Associates
7
'A7
January 25, 1996
WILLAN ASSOCIATES ❑ ENGAERS & PLANNERS
Mr. Gail Pickart
Project Management Consultant
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92659 -1768
Professional Consulting Services Since 7964
Subject: Proposal for Preparation of Final Plans, Specifications, and Estimates for Birch Street
Overcrossing Bridge Widening
Dear Mr. Pickart:
Willdan Associates is pleased to submit this proposal to provide professional engineering services
for the preparation of the final Plans, Specifications, and Estimates (PS &E) for the aforementioned
project. Willdan and Earth Mechanics, Inc. (EMI), our geotechnical subconsultant will provide a
highly skilled and experienced team prepared to perform the project tasks for the City in accordance
with Caltrans' policies, procedures, and standards. We are prepared to commit our most talented and
experienced staff to successfully complete all tasks of the project.
Ms. Teresa Kelley, P.E., our proposed Project Manager, completed the Project Study Report/Project
Report for the Birch Street overcrossing bridge widening. In the past four years, she has managed
nine final PS &E projects on Caltrans highway systems. All nine of these projects have been
constructed or are under construction. Three projects were completed on an accelerated schedule.
We believe you will not find a more qualified manager for this project.
Organization of this proposal follows the requirements given in your letter of December 7, 1995, and
the draft Cooperative Agreement you sent on December 20, 1995.
We appreciate the interest you have shown in Willdan Associates and thank you for the opportunity
to submit our proposal.
If you have any questions about the team or other elements of this proposal, please contact Terry
Kelley, Ken Steele or me.
Respectfully submitted,
WILLDAN ASSOCIATES
C. Michael Ofenstein, P.E.
Senior Vice President
KS:sp
E'IPRON%1=05,w
Enclosures
EXHIBIT "A"
888 S. WEST STREET • SUITE 300 • ANAHEIM, CALIFORNIA 92802 -1845 • (714) 563 -3200 • FAX (714) 563 -3299
City of Newport Beach
PROJECT SCOPE
The following is our proposed Project Scope for the final design of the Birch Street overcrossing
widening at State Route (SR) 73. The following outline lists, with brief descriptions of work, the
items of work by task for Project Management, Preliminary Plans, Final PS &E, and Construction
Phases. Each phase also includes a list of deliverables.
PHASE I -PROJECT MANAGEMENT
1.1 Administration
1.1.1 Caltrans Requirements
The Willdan team fully understands the policies, standards, and procedures required
by Caltrans. PS &E will be prepared based upon Caltrans current criteria.
1.1.2 Uniform File System
Throughout this project, Willdan will maintain the project documents in accordance
with Caltrans' Uniform File System.
1.1.3 Master Schedule
Within 30 calendar days of the Notice to Proceed, Willdan will submit a detailed
master schedule.
1.1.4 Research and Reviews
Obtain and review existing as- builts, reports, environmental documentation, utility
plans, right -of -way documents, and other information pertinent to this project.
1.1.5 Encroachment Permits
Encroachment permit applications will be submitted to Caltrans after receipt of the
Notice to Proceed to obtain approval for consultant personnel to enter the right -of-
way and perform necessary studies, investigations, and surveys. Team personnel will
observe all Caltrans safety requirements while on the jobsite.
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1.1.6 Progress Reports and Invoices
Monthly progress reports will be submitted each month and will include invoices for
work completed and updated schedules.
1.2 Meetings
Willdan will attend and chair monthly Project Development Team (PDT) meetings with the
City, Caltrans, and other organizations (i.e., Orange County EMA) and attend progress
meetings, design reviews, design coordination meetings, workshops, and other meetings with
the City, Caltrans, other consultants, and other organizations as may be necessary to
accomplish project objectives.
1.3 Cooperation and Coordination
Willdan will cooperate, coordinate, and participate in project meetings with other local
governmental agencies involved and affected by the project and to interface this project with
the other projects on Birch Street, Bristol Street, and SR73.
Ongoing liaison with the affected agencies, as well as utility companies with services within
the project limits, will be maintained on a continuous basis. The City and Caltrans will be
made aware of communications with organizations and utility companies and will
immediately be informed of any issue that could possibly affect the project schedule and/or
design.
1.4 Quality Control
Willdan has long recognized the importance of quality control and its direct relationship to
the success of a project. It has been standard company practice to follow a specific quality
control plan for every project as specified in Willdan's Quality Assurance Manual.
1.5 Phase 1- Deliverables
♦ Master schedule
♦ Monthly progress reports and invoices
♦ Monthly updated schedule
♦ Cooperative Agreement comments
Willdan Associates
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City of Newport Beach
♦ Meeting minutes
Project documents filed under Caltrans' Uniform Filing System
PHASE 2 - PRELIMINARY DESIGN
2.1 Design Survey
All design survey and aerial topography will be performed electronically and in accordance
with Caltrans requirements and procedures.
2. 1.1 Assemble survey data from the City, County of Orange, and Caltrans.
2.1.2 Establish horizontal and vertical control throughout the limits of the project.
2.1.3 Establish ground control for aerial mapping.
2.1.4 Provide aerial planimetric mapping of SR73 and of Birch Street (metric scale 1:500).
SR73 - from 610 meters northwest of Birch Street to 610 meters southeast of Birch
Street. Width of strip - from 30 meters southwest of the right -of -way line of
Southeast Bristol to 30 meters northeast of the northeast right -of -way line of North
Bristol. Birch Street - from 60 meters southwest of the centerline of Southeast
Bristol to 400 meters northeast of the centerline of southeast Bristol Street. Width
of strip - from 30 meters southeast of centerline to 30 meters northwest of centerline.
2.1.5 Provide cross section as follows:
1. Southeast Bristol Street - from Birch Street to Spruce Avenue - 1/2 sections
from centerline northeasterly to the top of slope.
2. North Bristol Street - from Birch Street southeast to 122 meters southeast of
Birch Street - 1/2 sections from centerline southwesterly to the top of slope.
3. Birch Street - from Southeast Bristol Street to 335 meters northeast of
Southeast Bristol Street - full sections from proposed right -of -way line to
proposed right -of -way line.
4. Intersection of Southeast Bristol Street and Birch Street.
5. Intersection of North Bristol Street and Birch Street.
6. SR73 - Three cross sections - 1) along the northwest edge of Birch Street
bridge, 2) along the centerline of Birch Street bridge, and 3) along the
southeast edge of the bridge consisting of elevations at southwest bridge
abutment to the southwest edge of the southbound travel lane, median - edge
of travel lane, three elevations in median area and edge of travel lane
Wi Idan Associates
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City of Newport Beach
northbound traffic, from edge of the northbound travel lane, northeasterly to
the northeast bridge abutment.
2.2 Preliminary Plans
Willdan will prepare preliminary plans in accordance with Caltrans procedures which will
include the following:
♦ roadway plan and profiles;
♦ horizontal and vertical roadway geometrics;
♦ vertical clearance dimensions; and
♦ typical cross sections.
All plans will be prepared in metric scales in accordance with Caltrans procedures.
2.3 Materials/Foundation Reports
2.3.1 Geotechnical Tasks
To satisfy the requirements of the project, EMI's work can be divided into three
major tasks:
1. Collect and Review Existing Subsurface Information
2. Geotechnical Investigation and Reports for Bridge and Pavement Design and
Construction
3. Surface Lead Testing
2.4 Drainage
Through our work on numerous Caltrans projects completed in Orange County, Willdan has
the drainage expertise to complete the following:
♦ Hydrology map for project area
♦ Draft drainage report in accordance with Caltrans procedures
Willdan Associates
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City of Newport Beach
♦ Final drainage report
Drainage study and analysis of only onsite drainage improvements will be required for this
project. Caltrans will provide copies of available hydrology and hydraulic data for the
project limits, and Willdan will perform field investigations to verify the data and existing
drainage facilities. Bristol Street's existing drainage patterns will not be affected by this
project.
2.5 Utilities
Willdan will coordinate utility research information with the utility companies. Willdan will
prepare utility plans identifying existing utility locations.
Potholing of utilities will be the responsibility of the utility owner or the City. Willdan will
coordinate the potholing effort and obtain the elevations. It is anticipated there will be no
relocation or undergrounding of existing utilities within the project limits.
2.6 Landscape
Landscaping will consist of replacement planting and reconstruction or relocation of existing
irrigation.
2.7 Preliminary Quantity and Construction Cost Estimates
A preliminary construction cost estimate will be completed upon completion of the plans and
draft bridge type selection report.
2.8 Bridge Type Selection
The following items will be prepared by Willdan for the bridge type selection process:
Bridge Foundation Report in accordance with Caltrans procedures and requirements
♦ Bridge Type Selection Report and falsework opening requirements
♦ Bridge General Plan
2.9 Phase 2 - Deliverables
Survey field notes
Willdan Associates
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City of Newport Beach
♦ Survey field cross sections
♦ Construction staking survey map
♦ Draft geometric approval plans (11 "x17 ")
♦ Final geometric approval plans (11 "xl7 ")
♦ Draft Materials Report
♦ Final Materials Report
♦ Draft Structures/Foundation report
♦ Final Structures/Foundation report
♦ Surface Lead Testing
♦ Log of test borings
♦ Hydrology map
♦ Draft hydrology/hydraulic report
♦ Final hydrology/hydraulic report
♦ Utility Plans
♦ Landscape preliminary plan
♦ Preliminary quantity and construction cost estimates
♦ Draft Bridge Type Selection Report
♦ Final Bridge Type Selection Report and General Plan
♦ Final approved Bridge Type Selection Report and General Plan
PHASE 3 - FINAL PS &E
3.1 Draft PS &E
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City of Newport Beach
Upon receiving approval of the Phase 2 deliverables, Willdan will prepare and submit two
separate draft PS &E packages. One package will be prepared for Caltrans and City review,
the other package will be for City review only. The package prepared for City review only
will include the portion of Birch Street outside Caltrans right -of -way. The remainder of the
project will be included in the package submitted to Caltrans and the City.
The draft PS &E submittal will include the following drawings:
The plans for both PS &E packages will be prepared on Caltrans base sheets in accordance with their
current CADD Users Manual, Drafting and Plans Manual, and Highway Design Manual.
Draft special provisions for the Caltrans PS &E package will be prepared in accordance with the
Caltrans PS &E Guide using their Standard Special Provisions and Standard Specifications. We will
prepare the special provisions for the City PS &E package using a combination of the above
Willdan Associates
City of Newport Beach
mentioned Caltrans criteria, the Standard Specifications for Public Works Construction and the City
Standard Special Provisions.
Quantities and estimates for the Caltrans PS &E package will be completed using Caltrans bid item
codes and descriptions. Quantities and estimates for the City PS &E package will be completed using
typical City estimate format.
We will update the construction estimate as work progresses through the PS &E phase, and provide
it to the City.
3.2 Final ME
Upon receiving comments on the Draft PS &E, the final PS &E package will be prepared,
assembled, and submitted.
The final PS &E package will include:
♦ final plans (revised per comments received);
final special provisions (revised per comments received);
final quantities and estimate (revised per comments received);
3.3 Phase 3 - Deliverables
♦ Draft PS &E (11 "x17' drawings)
♦ Final PS &E (11 "x17' drawings)
♦ Final approved PS &E (24 "x36" drawings)
♦ Quantity calculations
3.4 Bidding Assistance
Willdan will provide the following construction bidding services during the contract
advertising period:
Attend a prebid meeting.
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City of Newport Beach
Provide responses to bidders' questions regarding the bid documents.
♦ Assist in preparation of addenda to the bid comments.
PHASE 4 - CONSTRUCTION
4.1 Construction Support Phase
Willdan can provide the following construction support to Caltrans and the City during the
project construction, up to the time that the Caltrans construction branch recommends
acceptance of, and completion of record drawings for the project:
♦ Attend the preconstruction meeting.
♦ Review shop drawings and other contractor submittals for conformance with the
plans and specifications, and make recommendations for acceptance, denial, or
resubmittals if so requested.
♦ Additional drawings at Caltrans' or the City's request.
♦ Attend scheduled jobsite visits, as requested.
♦ Review proposed change orders and make recommendations, if requested.
♦ Prepare record drawings.
A detailed scope and fee will be negotiated at the time of construction contract award.
Willdan Associates
Fee Proposal
City of Newport Beach
Phase 1 - Project Management (Lump Sum) $23,132
Phase 2 - Preliminary Plans (Lump Sum) $68,747
Phase 3 - Final PS &E (Lump Sum) $152,716
Reimbursables (Time & Material plus 5 1/6) $20,000
Total Fee $264,595
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City of Newport Beach
WILLDANASSOC14TES
BIRCH STREET PROJECT
SCHEDULE OF HOURLY RATES
July 1, 1995 - June 30, 1996
Fee Rate
Class {Tcation Per Hour
ENGINEERING
Principal Engineer
125.00
Division Manager
120.00
Supervising Engineer
98.00
Sr. Engineer
82.00
Sr. Project Manager
82.00
Project Manager
77.00
Associate Engineer
76.00
Sr. Designer (CADD)
76.00
Designer (CADD)
68.00
Sr. Designer
68.00
Sr. Design Engineer
64.00
Design Engineer
59.00
Sr. Drafter
59.00
Designer
59.00
Sr. Drafter (CADD)
58.00
Drafter (CADD)
54.00
Drafter
54.00
Technical Aide
35.00
Sr. Survey Analyst
71.00
Sr. Calculator
71.00
Calculator II
61.00
Calculator I
50.00
Survey Analyst II
61.00
Survey Analyst I
51.00
Spvsr. - Survey
78.00
Survey Party Chief
74.00
Two -Man Field Party
130.00
Three -Man Field Party
175.00
Willdan Associates
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City of Newport Beach
Fee Rate
Classication Per Hour
LANDSCAPE ARCHITECTURE
Principal Landscape Architect 85.00
Sr. Landscape Architect 66.00
Associate Landscape Architect 57.00
Assistant Landscape Architect 50.00
Computer Data Entry 35.00
Personal Computer Time 10.00
Clerical 35.00
Word Processing 35.00
Bluelines $0.11 per square foot
Xerox 8' /z" x 11" $0.11 each
8 %:" x 14" $0.11 each
11" x 17" $0.22 each
Additional billing classifications may be added to the above listing during the year as new positions
are created.
The above schedule is for straight time. Overtime will be charged at 1.25 times the standard hourly
rates. Sundays and holidays will be charged at 1.70 times the standard hourly rates.
Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen
percent (5 %).
A subconsultant management fee of fifteen percent (5 %) will be added to the direct cost of all
subconsultant services to provide for the cost of administration, consultation, and coordination.
These hourly rates are effective through June 30, 1996, and may be adjusted after that date to
compensate for labor adjustments and other increases in costs.
Willdan Associates
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PROJECT SCHEDULE
City of Newport Beach
The following is our proposed preliminary schedule which has been prepared in accordance with the
City's guidelines and the Project Approach section of this proposal. We are fully committed to
meeting this schedule.
W111dan Associates
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TO: Mayor and Members of City Council
FROM: Public Works Department
February 12, 1996
CITY COUNCIL AGENDA
ITEM NO. 10
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SUBJECT: APPROVE CONSULTANT AGREEMENT WITH WLZTYAN ASSOCIATES
CONTRACT NO. 2931(A) FOR FINAL DESIGN SERVICES RELATED
TO BIRCH STREET BRIDGE WIDENING OVERCROSSING
RECOMMENDATIONS:
Approve a Consultant Agreement with Willdan Associates for final design services related
to the Birch Street Bridge Widening Overcrossing State Route 73 in the amount of
$264,595.00, plus a 10% contingency, per the Agreement; Contract No. 2991(A).
2. Authorize the Mayor and the City Clerk to sign the Consultant Agreement on behalf of the
City.
DISCUSSION:
A combined Project Study Report and Project Report (PSR/PR) has been prepared for the
Widening of the Birch Street Bridge Overcrossing State Route 73, the Corona del Mar Freeway
(see attached exhibit for project location). The PSR/PR was prepared by Willdan Associates in
accordance with a Consultant Agreement dated February 23, 1994, and it has been satisfactorily
completed. The PSR/PR includes the determination that this project is categorically exempt from
further environmental review or evaluation. Funding for final design and construction of the
widening project is included in the City's F.Y. 1995 -96 budget; however, the majority of the
construction funding, which is approved in the Orange County Combined Transportation Funding
Program (OCCTFP), is being deferred to F.Y. 1996 -97. This deferral of funds facilitates the
advancement of funding for the MacArthur Boulevard Widening Project.
In view of these circumstances, it seems appropriate to begin final design of the planned
improvements which, in the Caltrans project development process, is defined as the preparation
of Plans, Specifications, and Estimates (PS &E) for the work to be constructed. The Public Works
Department Staff initiated a "qualification based selection" process to select a private civil
engineering firm to prepare the necessary PS &E. From the group of consulting firms who
expressed interest in performing the final design work, three were invited to appear before an
interview panel to present their particular qualifications and experience relative to the Birch Street
Bridge Widening project.
On December 14, 1995, Willdan Associates, Boyle Engineering Corporation, and Moffatt & Nichol
were interviewed by a three - member panel consisting of one Caltrans representative and two City
SUBJECT: APPROVE CONSULTANT AGREEMENT WITH WILLDAN ASSOCIATES
CONTRACT NO. 2931(A) FOR FINAL DESIGN SERVICES RELATED TO BIRCH STREET
BRIDGE WIDENING OVERCROSSING
February 12, 1996
Page 2 •
representatives. Based upon these interviews Willdan Associates received the highest ranking
due in part to their familiarity and understanding of the project gained by preparation of the
PRS /PR.
Negotiations were than commenced with Willdan to define a more specific and detailed scope of
work and to establish a budget for their corresponding fees and costs. The geotechnical
engineering services necessary to support final design are included in the scope of work. The
agreed upon scope of work and fee amounts are attached as an exhibit to a standard form
Consultant Agreement and are incorporated into the agreement by reference. Final design work
is expected to take 8 - 10 months, including review time by Caltrans. The project will then be
advertised for public competitive bidding in late 1996 or early 1997 so that award of the
construction contract can be made during F.Y. 1996 -97, consistent with the approved funding in
the OCCTFP.
Funds for Willdan Associates' final design work are included in the current F.Y. 1995 -96 budget in
the Gas Tax and Circulation and Transportation funds as follows:
FUND
ACCOUNT
AMOUNT
Gas Tax
7181- C5100065
$145,527
Circulation and Transportation
7261- C5100065
145,527
TOTAL
$291,054
Respect fu s mitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
Gail Pickart
Project Management Consultant
Attachment
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• CONSULTANT AGREEMENT •
Final Design of Birch Street Bridge Widening
Overcrossing State Route 73 Freeway
THIS AGREEMENT, entered into this day of
1996, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, (hereinafter referred to as "CITY ") and Willdan Associates,
a California corporation, whose address is 888 S. West Street, Suite 300,
Anaheim, CA 92802 -1845, (hereinafter referred to as "CONSULTANT ") is made
with reference to the following:
A. CITY is a municipal corporation duly organized and validly
existing under the laws of the State of California with the power to carry on its
business as it is now being conducted under the Statutes of the State of California
and the Charter of the City.
B. CONSULTANT is a corporation organized to provide professional
services to public agencies and private entities in the areas of civil, structural, and
traffic engineering.
C. CITY and CONSULTANT entered into a Consultant Agreement
dated February 23, 1994, whereby CONSULTANT prepared a combined Project
Study Report and Project Report (PSR /PR) for the Birch Street Bridge Widening
Overcrossing State Route 73 Freeway (hereinafter referred to as "PROJECT ")
which covers improvements identified as resulting in substantial public benefits.
The PSR /PR has been satisfactorily completed.
D. CITY has conducted a qualification based selection process to
choose a private firm to provide professional engineering services to prepare final
design for PROJECT consisting of Plans, Specifications and Estimates (PS &E).
E. CONSULTANT has submitted a Proposal dated January 25,
1996, setting forth the scope of services and associated fees and costs to prepare
PS &E for the PROJECT.
25, 1996.
F. CITY desires to accept CONSULTANT'S Proposal dated January
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
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SECTION 1. TERM •
The term of this Agreement shall commence on the date of execution of this
Agreement and shall terminate on June 30, 1997, unless terminated earlier as set
forth herein.
•
SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT
CONSULTANT shall complete all services and work as set forth herein and
more fully described in the Proposal dated January 25, 1996 which is attached and
identified as Exhibit "A" and incorporated herein by this reference.
SECTION 3. SERVICES TO BE PERFORMED BY CITY
CITY shall provide CONSULTANT with full information regarding its
requirements for PROJECT if not identified in CONSULTANT's Proposal and shall
furnish, without charge or cost to CONSULTANT, any information, data, plans,
specifications, maps and records which are available to CITY and are necessary for
CONSULTANT to fulfill the tasks and services set forth in this Agreement.
SECTION 4. COMPENSATION TO CONSULTANT
CONSULTANT shall be compensated for services performed pursuant to this
Agreement in the amount set forth in Exhibit "A ", the Proposal, which is attached
hereto and incorporated herein by this reference. The maximum fee and
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reimbursable costs shall not exceed $264,595.00 without further written
authorization in the form of an Amendment to this Agreement signed by both
CONSULTANT and CITY. City's Public Works Director has authority to approve
amendments increasing CONSULTANT's compensation up to 10% of the total
maximum fee and reimbursable costs.
CONSULTANT anticipates submitting invoices on a monthly basis for work
performed during the previous month. CITY agrees to pay all undisputed invoice
amounts within thirty (30( calendar days after receipt of the invoice.
SECTION 5. STANDARD OF CARE
CONSULTANT agrees to perform all services hereunder in a manner
commensurate with the community professional standards and agrees that all
services shall be performed by qualified and experienced personnel who are not
employed by the CITY nor have any contractual relationship with the CITY.
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SECTION 6. INDEPENDENT PARTIES
CITY and CONSULTANT intend that the relation between them created by
this Agreement is that of employer- independent contractor. The manner and means
of conducting the final design 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.
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SECTION 7. HARMLESS
CONSULTANT shall indemnify and hold harmless CITY, its CITY Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, suits, costs and expenses whatsoever, including
reasonable attorneys' fees, arising out of CONSULTANT's negligent performance of
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services or work conducted or performed pursuant to this Agreement.
SECTION 8. INSURANCE
A. REQUIRED COVERAGE
Without limiting the CONSULTANT's indemnification of CITY, CONSULTANT
shall obtain and provide and maintain at its own expense during the term of this
Agreement, a policy or policies of liability insurance of the type and amounts
described below and satisfactory to the CITY. Such policies shall be signed by a
person authorized by that insurer to bind coverage on its behalf and must be filed
with the CITY prior to exercising any right or performing any work pursuant to this
Agreement. All insurance policies, except workers' compensation and professional
liability, shall add as insured the CITY, its elected officials, officers and employees
for all liability arising from CONSULTANT's services as described herein.
Prior to the commencement of any services hereunder, CONSULTANT shall
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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 carriers having a
Best's rating of Class B or better:
1. Workers' compensation insurance covering all employees and
principals of the CONSULTANT, per the laws of the State of
California;
2. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum
amount of $1 million combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial general
liability insurance or other form with a general aggregate is used, either
the general aggregate shall apply separately to this project, or the
general aggregate limit shall be twice the occurrence limit;
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3. Commercial auto liability and property insurance covering any owned
and rented vehicles of CONSULTANT in a minimum amount of $1
million combined single limit per accident for bodily injury and property
damage.
M
4. Professional liability insurance which includes coverage for the
professional acts, errors, and omissions of the CONSULTANT in the
amount of at least $1,000,000.
Said policy or policies shall be endorsed to state that coverage shall not be
• suspended, voided or canceled by either party, or reduced in coverage or in limits
except after thirty (30) days' prior notice has been given in writing to CITY.
CONSULTANT shall give to CITY prompt timely notice of claim made or suit
instituted arising out of CONSULTANT's operation hereunder. CONSULTANT shall
also procure and maintain, at its own cost and expense, any additional kinds of
insurance, which in its own judgment may be necessary for its proper protection
and prosecution of the work.
B. SUBROGATION WAIVER
CONSULTANT agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive liability
insurance, that CONSULTANT shall look solely to its insurance for recovery.
CONSULTANT hereby grants to CITY, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either CONSULTANT or
• CITY with respect to the services of CONSULTANT herein, a waiver of any right of
subrogation which any such insurer of said CONSULTANT may acquire against
CITY by virtue of the payment of any loss under such insurance.
C. ADDITIONAL INSURED
With the exception of workers' compensation and professional liability
insurance, CITY, its City Council, boards and commissions, officers, and employees
shall be named as an additional insured under all insurance coverage required by
this Agreement. The naming of an additional insured shall not affect any recovery
to which such additional insured would be entitled under this policy if not named as
such additional insured. An additional insured named herein shall not be held liable
for any premium, deductible portion of any loss, or expense of any nature on this
policy or any extension thereof. Any other insurance held by an additional insured
shall not be required to contribute anything toward any loss or expense covered by
the insurance provided by this policy.
• SECTION 9. PROHIBITION AGAINST TRANSFER
CONSULTANT shall not assign, sublease, hypothecate, or transfer this
Agreement or any interest therein directly or indirectly, by operation of law or
otherwise without the prior written consent of CITY. Any attempt to do so without
said consent shall be null and void, and any assignee, sublessee, hypothecate or
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transferee shall acre no right or interest by reason attempted
assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of CONSULTANT, or of the interest of any general partner
or joint venturer or syndicate member or cotenant if CONSULTANT is a partnership
•
or joint venture or syndicate or cotenancy, which shall result in changing the
control of CONSULTANT, shall be construed as an assignment of this Agreement.
Control means fifty percent (50 %) or more of the voting power of the corporation.
SECTION 10. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term
of this Agreement, all appropriate permits, licenses and certificates that may be
required in connection with the performance of services hereunder.
SECTION 11. REPORTS
Each and every report, draft, work - product, map, record and other document
reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in
connection with this Agreement shall be the exclusive property of CITY.
CITY shall make no use of materials prepared by CONSULTANT pursuant to
this Agreement, except for construction, maintenance and repair of the Project.
Any use of such documents for other projects or other purposes, and any use of
•
uncompleted documents, shall be at the sole risk of the CITY and without liability
or legal exposure of the CONSULTANT.
No report, information or other data given to or prepared or assembled by the
CONSULTANT pursuant to this Agreement shall be made available to any individual
or organization by the CONSULTANT without prior approval by CITY.
CONSULTANT shall, at such time and in such form as CITY may require,
furnish reports concerning the status of services required under this Agreement.
SECTION 12. RECORDS
CONSULTANT shall maintain complete and accurate records with respect to
costs, expenses, receipts and other such information required by CITY that relate to
the performance of services required under this Agreement.
CONSULTANT shall maintain adequate records of services provided in
sufficient detail to permit an evaluation of services. All such records shall be
•
maintained in accordance with generally accepted accounting principles and shall be
clearly identified and readily accessible. CONSULTANT shall provide free access to
the representatives of CITY or its designees at all proper times to such books and
records, and gives CITY the right to examine and audit same, and to make
transcripts therefrom as necessary, and to allow inspection of all work, data,
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documents, proceedis and activities related to this Agreement: Such records,
together with supporting documents, shall be kept separate from other documents
and records and shall be maintained for a period of three (3) years after receipt of
final payment.
SECTION 13. NOTICES
Ail notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served when
delivered personally or on the second business day after the deposit thereof in the
United States mail, postage prepaid, registered or certified, addressed as hereinafter
approved.
All notices, demands, requests, or approvals from CONSULTANT to CITY
shall be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Don Webb, Director of Public Works
(714) 644 -3311
All notices, demands, requests, or approvals from CITY to CONSULTANT
shall be addressed to CONSULTANT at:
C. Michael Ofenstein, Senior Vice President
Willdan Associates
888 S. West Street, Suite 300
Anaheim, CA 92802 -1845
Attention: Ms. Terry Kelley
(714) 563 -3200
SECTION 14.
Either party may terminate this Agreement at any time and for any reason by
giving the other party seven 17) days' prior written notice; notice shall be deemed
served upon deposit in the United States Mail, postage prepared, addressed to the
other party's business office. In the event of termination due to the fault of
CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only
those authorized services which have been completed and accepted by CITY. If
this Agreement is terminated for any reason other than fault of CONSULTANT,
CITY agrees to compensate CONSULTANT for the actual services performed up to
the effective date of the Notice of Termination, on the basis of fee schedule
contained above, subject to any maximum amount to be received for any specific
service.
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SECTION 150=T OF LITIGATION •
If any legal action is necessary to enforce any provision hereof or for
damages by reason of an alleged breach of any provisions of this Agreement, the
prevailing party shall be entitled to receive from the losing party all costs and
expenses in such amount as the court may adjudge to be reasonable attorneys' •
fees.
SECTION 16. COMPLIANCES
CONSULTANT shall comply with all laws, state or federal, and all
ordinances, rules and regulations enacted or issued by CITY.
SECTION 17. WAIVER
A waiver by CITY of any breach of any term, covenant, or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant, or condition contained herein whether of the
same or a different character.
SECTION 18. 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 hereof. Any
modification of this Agreement will be effective only by written execution signed by
both CITY and CONSULTANT.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF NEWPORT BEACH,
a municipal corporation
BY:
MAYOR
CONSULTANT
BY:
Willdan Associates
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•
Fee Proposal
•
Phase 1 - Project Management (Lump Sum)
Phase 2 - Preliminary Plans (Lump Sum)
Phase 3 - Final PS &E (Lump Sum)
Reimbursables (Time & Material plus 5 %)
Total Fee
•
City Of
$23,132
$68,747
$152,716
$20,000
$264,595
Willdan Associates
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Tf'1LLDANASSOCIATES
BIRCHSTREET PROJECT
SCHEDULE OFHOURLYRA TES •
July 1, 1995 - June 30,1996
Fee Rate
Class' rcation Per Hour
Principal Engineer
125.00
Division Manager
120.00
Supervising Engineer
98.00
Sr. Engineer
82.00
Sr. Project Manager
82.00
Project Manager
77.00
Associate Engineer
76.00
Sr. Designer (CARD)
76.00
Designer (CADD)
68.00
Sr. Designer
68.00
Sr. Design Engineer
64.00
Design Engineer
59.00
•
Sr. Drafter
59.00
Designer
59.00
Sr. Drafter (CADD)
58.00
Drafter (CARD)
54.00
Drafter
54.00
Technical Aide
35.00
SURVEYING
Sr. Survey Analyst
71.00
Sr. Calculator
71.00
Calculator II
61.00
Calculator I
50.00
Survey Analyst II
61.00
Survey Analyst I
51.00
Spvsr. - Survey
78.00
Survey Party Chief
74.00
Two -Man Field Party
130.00
Three -Man Field Party
175.00
•
Willdan Associates
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• �lass�ation
LANDSCAPE ARCHITECTURE
Principal Landscape Architect
Sr. Landscape Architect
Associate Landscape Architect
Assistant Landscape Architect
r�
LJ
COMPUTER SERVICES
Computer Data Entry
Personal Computer Time
Clerical
Word Processing
Bluelines
Xerox 8' /z" x 11"
11" x 17"
Fee Rate
Per Hour
85.00
66.00
57.00
50.00
35.00
10.00
35.00
35.00
$0.11 per square foot
$0.11 each
$0.11 each
$0.22 each
Additional billing classifications may be added to the above listing during the year as new positions
are created.
The above schedule is for straight time. Overtime will be charged at 1.25 times the standard hourly
rates. Sundays and holidays will be charged at 1.70 times the standard hourly rates.
Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen
percent (5 1/o).
A subconsultant management fee of fifteen percent (5 %) will be added to the direct cost of all
subconsultant services to provide for the cost of administration, consultation, and coordination.
These hourly rates are effective through June 30, 1996, and may be adjusted after that date to
compensate for labor adjustments and other increases in costs.
Wflldan Associates
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County o0range
• Public Facilities & Resources Department
John W. Sibley, Director
November 2, 2000
Mike Sinacori, Manager, Utilities Section
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92659 -1768
SUBJECT: Sewer Infrastructure Improvements for the Santa Ana Heights Area
Dear Mike:
Transmitted to the City of Newport Beach is the fully executed Amendment No. 1 to Agreement No.
D96 -192 between the Orange County Development Agency (OCDA), the Costa Mesa Sanitary District
(CMSD), and the City of Newport Beach (City) for your files.
If you or your staff have any questions or require further information, please give me a call at (714)834-
2599.
Very
PWword /Projects /Santa Ana Heights /Sewer Improvements /Ur to Sinacori 02Nov0000.doc
Cc: J. A. Miller
LOCATION: MAILING ADDRESS: TELEPHONE.
FAX 300 N. FLOWER ST P.O. BOX 4048 FAX 834 -5302
SANTA ANA, CALIFORNIA SANTA ANA, CA 92702 -4048 F # 834 -2395
0 0
ORANGE COUNTY BOARD OF SUPERVISORS
Acting as Orange County Development Agency and Board of Supervisors,
MINUTE ORDER
October 24, 2000
Submitting Agency/Department: PLANNING AND DEVELOPMENT & PUBLIC FACILITIES & RESOURCES
Acting as Orange County Development Agency - Approve amended agreement D96 -162 with Newport Beach and Costa
Mesa Sanitary District for construction of sewer infrastructure improvements, Santa Ana Heights Redevelopment
Project area; and make California Environmental Quality Act and other findings - Acting as the Board of Supervisors -
Make California Environmental Quality Act and other findings - District 5
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER 0
Unanimous 0 (1) SMITH: Y (2) SILVA: Y (3) SPITZER: Y (4) COAD: Y (5) WILSON: X
Vote Key: Y= Yes; N =No; A= Abstain; X= Excused; B.O. =Board Order
Documents accompanying this matter:
0 Resolution(s)
0 Ordinances(s)
0 Contract(s)
Item No. 71
Special Notes:
Copies sent to:
G 4'o /�
algD , P SOLI'37
RECEIVED
OCT 2 6 20M
0
?� h5
I certify that the foregoing is a true and correct copy of the Minute Order
adopted by the Board of Supervisors, Acting as Orange County Development
Agency and Board of Supervisors, Orange County, State of California.
DARLENE J. BLOOM, Clerk of the Board
By.
Deputy
-0/122
Tho B. Mathews, D ector DA Vicki I Wilson, Director
PlartrAing & Development Services Department Public Facilities & Resources Department
AGENCYIDEPT. USE
CLERK USE ONLY
AGENDA ITEM TRANSMITTAL
CEO REV*
CONSEP ❑
?�
DISCt1311SION ®
®C �r LA--'
�;
P ! ^.EC- a FAISAL iE i ❑
ijO
❑ Do Not Cm
TO: BOARD OF3UPBRViS %LINTY OF ORANGE
- n
CONTACT FOR INFORMATION PHONE
FROM: PFRD & PDSD
Phil Jones (PFRD) 714- 834 -2599
FILE E00497 and EC30488
George Britton (PDSD) a 714- 834 -5312
MEETING DATE
SUBJECT Santa Ana Heights Redevelopment Project Area Infrastructure
SUPV. GIST.
Improvements — Sewer Improvements Area 2 Outfall Facilities and South Bristol
5
October 24, 2000
Flow Reversal
SUMMARY OF REQUEST (Description for agmda)
The Public Facilities and Resources Department and the Planning and Development Services Department request that the
Board of Supervisors, acting in the capacity of both the Local Legislative body and the Orange County Development
Agency (OCDA), approve Amendment No. 1 to Agreement D96 -162 with the City of Newport Beach (City) and the Costa
Mesa Sanitary District (CMSD) for the design and construction of sewer infrastructure improvements in the Santa Ana
Heights Redevelopment Project Area.
ADDITIONAL DATA
On January 14, 1997, your Board approved Agreement D96 -162 between the Orange County Development Agency, the
City of Newport Beach, and the Costa Mesa Sanitary District for the design and construction of sewer infrastructure
improvements within the Santa Ana Heights Redevelopment Project Area The sewer improvements included the Area 2
Outfall Facilities and the South Bristol Flow Reversal as identified in the Santa Ana Heights Redevelopment Project Area
Comprehensive Infrastructure Implementation Plan (CIIP), approved by your Board on July 10, 1990. The CIIP and the
original agreement identified specific sewer infrastructure pipeline sizing. During the Design process,-it was determined
that the CIIP pipeline sizing would not meet current sewer design codes and standards.
c ti ued reverse
PREVIOUS RELEVANT BOARD ACTIONS ON THIS SPECIFIC REM:
Minute Order dated January 14, 1997 approving Agreement No. D96 -162.
FUNDING SOURCE(S)
CURRENT YEAR COST
ANNUAL COST
BUDGETED? 0YES ONO
OCDA - 100%
$67,500
N/A
WILL PROPOSAL REQUIRE ADDITIONAL PERSONNEL?
CONSISTENT WITH BOARD POLICY?
® NO IF YES. STATE NUMBER PERMANENT UMrTED TERM
YES NEW REM OR EXCEPTION
RECOMMENDED ACTION
ACTING IN THE CAPACITY OF THE BOARD OF SUPERVISORS:
1. Find that Final EIR No. 508A, previously certified on October 27, 1987, was considered prior to approval of the project,
was determined as adequate to serve as a program EIR for this project, and satisfies all requirements of CEQA. The Final
EIR reflects the independent judgment of the lead agency.
2. Find that Resolution No. 97 -18, previously adopted on January 14, 1997, determines that FEIR 508A serves as a program
EIR for the Santa Ana Heights Redevelopment Project Area, adopts FEIR 508A, and adopts appropriate CEQA findings. In
addition, Resolution No. 97 -18 determines that no other reasonable means of financing the construction area available to the
community.
continued on reverse
CONCURRENCES (it applCble)
ATTACHMENTS
Paul Lanning, CEO
1. Location Map and Original Agreement D96 -162
2. Amendment No. 1 to Agreement No. D96 -162
3, Resolutions Nos. 97 -18 & OCDA R97 -1
-0/122
Tho B. Mathews, D ector DA Vicki I Wilson, Director
PlartrAing & Development Services Department Public Facilities & Resources Department
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• Wendment No. 1 to Agreement No. X96 -1E_l
A M E N D M E N T
THIS AMENDMENT, for purposes of identification he/re[b,y� numbered Amendment
No. 1 to Agreement No. D96 -162, and dated theo2L day of - `'(� �' (/(/ 2000, is
BY AND BETWEEN
AND
AND
The Orange County Development Agency
hereinafter referred to as "OCDA ",
The Costa Mesa Sanitary District
hereinafter referred to as "CMSD",
The City of Newport Beach
hereinafter referred to as "CNB"
W I T N E S S E T H
WHEREAS, OCDA, CMSD, and CNB entered into Agreement No. D96 -162 on January
14, 1997, hereinafter referred to as AGREEMENT, for the purposes of designing and
constructing specific sewer infrastructure improvements for the Santa Ana Heights
area, consisting of: the South Bristol Street Flow Reversal; a Sanitary Sewer Pump
Station; an 8 -inch Diameter Force Main from the pump station across the Birch Street
Bridge; and a 15 -inch Diameter Gravity Sewer Main along Birch Street (within the City
of Newport Beach) from the Birch Street Bridge to MacArthur Boulevard (also known as
the Area 2 Outfall facility). The above infrastructure improvements, hereinafter
referred to as "PROJECT," are required to mitigate OCDA's proposed redevelopment of
the Santa Ana Heights Area, and have been identified in a report prepared by BSI, Inc.
entitled, "Santa Ana Heights Redevelopment Project Area Comprehensive Infrastructure
Improvement Plan, Dated April 23, 1990," hereinafter referred to as "PLAN "; and
WHEREAS, OCDA, CMSD, and CNB require an amendment to the AGREEMENT for the
following reasons:
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•
6-endment No. 1 to Agreement No. D96 -1E:
1. Per the AGREEMENT, the CMSD was required to design the South Bristol
Street Flow Reversal and the Area 2 Outfall facilities within nine
(9) months from the execution of the AGREEMENT, and due to no fault
of CMSD in acquiring PROJECT permits and reviews, the design of the
PROJECT has been delayed well beyond the required nine months;
2. Due to current sewer infrastructure design criteria, the size of the
15 -inch diameter gravity sewer main must be increased to an 18 -inch
diameter main;
3. In order to construct the new 18 -inch diameter sewer main within
Birch Street, an existing CNB sewer main must be abandoned and its
existing laterals connected to the new mainline.
4. Per the AGREEMENT, the PROJECT contractor was to submit monthly
progress payment invoices to CMSD inspector for review, who in turn,
was to submit invoices to CMSD management for review and processing,
who in turn, was to submit invoices to OCDA staff for review and
approval. Upon OCDA approval of each monthly invoice from CMSD,
OCDA was to pay each monthly invoice to CMSD for disbursement to the
PROJECT contractor within thirty (30) calendar days. However,
California Public Contract Code Section 20104.50.(a) stipulates the
following, "Any local agency which fails to make any progress
payment within 30 days after receipt of an undisputed and properly
submitted payment request from a contractor on a construction
contract shall pay interest to the contractor equivalent to the
legal rate set forth in subdivision (a) of Section 685.010 of the
Code of Civil Procedure." Per the process as set forth in the
AGREEMENT, it is highly unlikely that CMSD and OCOA would be able to
process, review, and approve monthly invoices within thirty (30)
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•
•.mendment No. 1 to Agreement No. D9E -`.i
calendar days. In order to comply with the Code and avoid penalty
interest payments to the PROJECT contractor, the AGREEMENT must be
amended.
NOW, THEREFORE IT IS AGREED by and between the parties hereto that
Agreement No. D96 -162 is amended as follows:
A. All references made to EMA, Director of Public Works; Director of
Public Works; or DIRECTOR shall be amended to read, Chief Engineer
of the Orange County Public Facilities and Resources Department, or
his duly appointed designee, hereinafter referred to as "CHIEF
ENGINEER."
B. Page 1, Second Paragraph shall be deleted and replaced as follows:
"WHEREAS, PLAN indicates the need to design and construct the South.
Bristol Street Flow Reversal; a new sanitary sewer pump station; fl-
inch diameter force main (pressure flow) across Birch Street Bridge;
and an 18 -inch diameter gravity sewer main and abandonment of an
existing sewer main along Birch Street (within the City of Newport
Beach) to MacArthur Boulevard to interconnect with the Orange County
Sanitation District (OCSO) Von Karman Truck Sewer Main (see Exhibit
A) to mitigate OCDA's proposed redevelopment of the Santa Ana
Heights area and its impact to CMSD existing facilities ;"
C. Page 2, I. Part 1 - Area 2 Outfall and Bristol Street Flow Reversal,
Section A. Plans, Specifications, and Engineer's Estimate,
Paragraph 3 shall be deleted and replaced as follows: "CMSD agrees
to complete PROJECT design(s) within three (3) months after
acquiring all necessary PROJECT permits and reviews, which shall be
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• wendmEnt No. 1 to Agreement No. D96 -16:'
sought with all due diligence, and CMSD shall begin advertisement of
the PROJECT for public bid within two (2) months thereafter." !
D. Page 3, I. Part 1 - Area 2 Outfall and Bristol Street Flow Reversal,
Section A. Plans, Specifications, and Engineer's Estimate,
Paragraph 8 shall be deleted and replaced as follows: "CNB agrees
to assist CMSD in obtaining CalTrans and CNB Permits for PROJECT.
In addition, CNB agrees to conduct and complete PS &E review
subsequent to the date of execution of Amendment No. 1 of this
AGREEMENT and return written comments to CMSD within six (6) weeks
of PS &E submittal by CMSD to CNB. An extension of time beyond the
six (6) week comment period will require a written notice by CNB to
CMSD with a revised completion date, or submittal will be considered
as approved."
E. Page 9 and 5, Part 1 - Area 2 Outfall and Bristol Street Flow
Reversal, Section B. Advertisement for Bids and Construction:
Delete Paragraphs Nos. 2 and 3 and shall be deleted and replaced as
follows: "Subsequent to award of CONSTRUCTION CONTRACT(S), CMSD
shall submit an invoice, subject to Section H of this Amendment, to
OCDA for review, approval, and payment. Upon receipt and approval
of invoice, OCDA shall make payment to CMSD for the CONSTRUCTION
CONTRACT(S) award sum, subject to the provisions of paragraph no. 1
of this section of the AGREEMENT, within sixty (60) calendar days."
F. Page 5, Part 1 - Area 2 Outfall and Bristol Street Flow Reversal,
Section B. Advertisement for Bids and Construction: Delete
Paragraph No. 9 shall be deleted and replaced as follows: "All
parties agree that CONSTRUCTION CONTRACT(S) change orders for
payment by OCDA shall be reviewed and approved by the CHIEF ENGINEERI
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- - • Wendment No. 1 to Agreement No. D96 -`_6_-
prior to implementation by the contractor(s). OCDA reserves the
right to deny payment of any CONSTRUCTION CONTRACT(S) change order
performed or installed without OCDA approval. OCDA agrees to
reimburse CMSD for the cost of all CONSTRUCTION CONTRACT(S) change
orders to a total maximum not to exceed amount of Sixty Seven
Thousand Five Hundred Dollars ($67,500). Change orders that exceed
the total maximum amount above shall be the responsibility of CMSD."
G. Page 5 and 6, Part 1 - Area 2 Outfall and Bristol Street Flow
Reversal, Section C. Construction Administration and Inspection:
Delete Paragraph Nos. 3 and 9 and replace with the following: "Upcn
completion of construction and recordation of a Notice of Completion
in the County Recorder's office for the CONSTRUCTION CONTRACT(S),
CMSD shall submit an invoice, subject to the provisions of Section
of this Amendment, for construction administration and inspection
costs to OCDA for review, approval, and payment. Upon receipt and
approval of invoice and copy of recorded Notice of Completion for
CONSTRUCTION CONTRACT(S), OCDA agrees to make payment to CMSD within.
sixty (60) calendar days, subject to the provisions of Paragraph No.
2 of this section of the AGREEMENT."
H. Page 6, Part 1 - Area 2 Outfall and Bristol Street Flow Reversal:
Add the following:
"D. Processing of Invoices: There will be two types of invoices
submitted to OCDA for processing: one will be Invoice for Award of
CONSTRUCTION CONTRACT(S) and the other will be Invoice for
Construction Administration and Inspection or Contract Change
Orders. All invoices submitted to OCDA for payment shall include an
accounting report containing the following information:
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•
W.-timent No. 1 to Agreement No. D96 -16LI
Invoice for Award of CONSTRUCTION CONTRACT(S):
1. Title of Construction Contract or Project including location,
areas, and /or limits and type of construction.
2. Copy of successful bidder's bid result and any relevant backuc
information, such as: contractor's proposal, breakdown of unit
costs for individual bid items or schedule of values if
applicable to invoice.
3. All items shall be summed and totaled to equal the invoice
amount requested.
Invoice for Construction Administration and Inspection or Contract
Change Orders:
1. CMSD shall submit a Final Accounting Report and invoice to
OCDA for payment within sixty (60) calendar days of the filing
of the Notice of Completion for the CONSTRUCTION CONTRACT(S).
CMSD shall attach the following support and backup
information: -
a. Title of Construction Contract or Project including
location, areas, and /or limits and type of construction;
I.D. number of the Contract Change Order (if
applicable), and type and description of work performed.
b. List of CMSD staff and /or contracted staff involved,
their title, total number of hours for each employee
worked, and cost per hour of each, separating out
overhead and labor burden into different columns, summed
and totaled to equal the invoice amount requested.
C. Copy of all construction progress payments made or
invoices paid to contractor where applicable. (OCDA
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•
7
•Amendment No. 1 to Agreement No. n96 -16:'
agrees to pay for only those costs actually expended by
CMSD and backed -up by appropriate paperwork.)
d. Copy of all construction change orders approved by the
CHIEF ENGINEER and all supporting paperwork (including
all change orders for work or bid items deleted from or
credited to the PROJECT).
The Final Accounting Report submitted by CMSD to OCDA shall
detail and tally all debits and credits incurred by CMSD for
PROJECT and add all values for a total invoice sum to be paid
by or to OCDA depending on whether there is a balance due or
need for a refund.
3. Any refund or overpayment shall be made to CODA within sixty
(60) calendar days of the filing of the Notice of Completion
for the CONSTRUCTION CONTRACT(S)."
I. Page 10, IV. Part 4 - Agreement To Hold Harmless, Paragraph Nos. 3
and 4 shall be deleted and replaced as follows:
3. That neither. CMSD nor any officer or employee thereof
shall be responsible for any damage or liability by
reason of anything done to, omitted to be done by CNB
under or in connection with any work, authority or
jurisdiction not delegated to CMSD under this agreement.
It is also understood and agreed that, pursuant to
Government Code Section 695.4 CNB shall fully indemnify,
defend, and hold harmless CMSD from any liability
imposed for injury (as defined by Government Code
Section 810.8), occurring by reason of anything done or
omitted to be done by CNB under this agreement.
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•
Wendment No. 1 to Agreement No. D96 -16:1
4. That neither CNB nor any officer or employee thereof
shall be responsible for any damage or liability by
reason of anything done to, omitted to be done by CMSD
under or in connection with any work, authority or
jurisdiction not delegated to CNB under this agreement.
It is also understood and agreed that, pursuant to
Government Code Section 895.4 CMSD shall fully
indemnify, defend, and hold harmless CNB from any
liability imposed for injury (as defined by Government
Code Section 810.8), occurring by reason of anything
done or omitted to be done by CMSD under this
agreement."
J. Page 10, Add V. Part 5 - General Conditions:
111. Amendments
No alterations or variations of the terms of this AGREEMENT
shall be valid unless made in writing and signed by the
parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties
hereto.
2. Successors and Assigns
The terms and provisions of this AGREEMENT shall be binding
upon and inure to the benefit of the parties hereto and their
successors and assigns.
3. Entirety
This AGREEMENT contains the entire agreement between the
parties with respect to the matters provided for herein.
4. Severability
If any part of this AGREEMENT is held, determined, or
adjudicated to be illegal, void, or unenforceable by a court
of competent jurisdiction, the remainder of this AGREEMENT
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*Amendment No. 1 to Agreement No. D96 -16_i
shall be given effect to the fullest extent reasonably
possible.
Binding Obligation
The parties to this AGREEMENT represent and warrant that this
AGREEMENT has been duly authorized and executed and
constitutes the legally binding obligation of their respective
organization or entity enforceable in accordance with its
terms.
Governing Law and Venue
This AGREEMENT has been negotiated and executed in the State
of California and shall be governed by and construed under the
laws of the State of California. In the event of any legal
action to enforce or interpret this AGREEMENT, the sole and
exclusive venue shall be a court of competent jurisdiction
located in Orange County, California, and the parties hereto
agree to and do hereby submit to the jurisdiction of such
court, notwithstanding Code of Civil Procedure, Section 399.
Furthermore, the parties have specifically agreed, as part of
the consideration given and received for entering into this
AGREEMENT, to waive any and all rights to request that an
action be transferred for trial to another County under Code
of Civil Procedure, Section 399."
All other terms and conditions of Agreement No. D96 -162 shall remain in
full force and effect.
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0
ledment No. 1 to Agreement No.
IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be
executed by their officers thereunto duly authorized on the date first written above:
City of Newport Beach
A Municipal En ity
Date: '� /� ,� l(:, (--, By
Date: 1 )'3 -tlo
Date: /6 1 - a
(Date: 10
APPROVED AS TO FORM
LAURENCE M. WATSON
COUNTY COUNSEL
By
Deputy
Approved as to form:,
By
City Attorney
Costa Mesa Sanitary District
A Body Corporate and.Politic
n. I _ N
M
Art Pe
By i4j ' A_y \M OTt! K1
I U Secretary
Orange County Development Agency
A Body Corporate and Politic
By
Chairman
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD �q� °' op7
2
C1
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By
D LENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
Dated: �, /'
10
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- -a
c
SEWER PUMP
STATION
SOUTH BRISTOL,
FLOW REVERSAL
FORCE MAIN -`
,S FWY. BRIDGE
p� ?
0
_ate i
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P
i o°e
ORANGE COUNTY
PUBLIC FACILITIES & RESOURCES DEPARTME14T
EXHIBIT
A
SANTA ANA HEIGHTS
SEWER INFRASTRUCTURE IMPROVEMENTS
AGREEMENT NO. D96-162 I AMENI)mENT NO.1
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• SLent No. 1 to Agreement No. D96 -1E
A M E N D M E N T
THIS AMENDMENT, for purposes of identification hereby numbered Amendment
No. 1 to Agreement No. D96 -162, and dated the _ day of 2000, is
BY AND BETWEEN
MM
AND
The Orange County Development Agency
hereinafter referred to as "OCDA ",
The Costa Mesa Sanitary District
hereinafter referred to as "CMSD",
The City of Newport Beach
hereinafter referred to as "CNB"
W I T N E S S E T H
WHEREAS, OCDA, CMSD, and CNB entered into Agreement No. D96 -162 on January
14, 1997, hereinafter referred to as AGREEMENT, for the purposes of designing and
constructing specific sewer infrastructure improvements for the Santa Ana Heights
area, consisting of: the South Bristol Street Flow Reversal; a Sanitary Sewer Pump
Station; an 8 -inch Diameter Force Main from the pump station across the Birch Street
Bridge; and a 15 -inch Diameter Gravity Sewer Main along Birch Street (within the City
of Newport Beach) from the Birch Street Bridge to MacArthur Boulevard (also known as
the Area 2 Outfall facility). The above infrastructure improvements, hereinafter
referred to as "PROJECT," are required to mitigate OCDA's proposed redevelopment of
the Santa Ana Heights Area, and have been identified in a report prepared by BSI, Inc.
entitled, "Santa Ana Heights Redevelopment Project Area Comprehensive Infrastructure
Improvement Plan, Dated April 23, 1990," hereinafter referred to as "PLAN "; and
WHEREAS, OCDA, CMSD, and CNB require an amendment to the AGREEMENT for the
following reasons:
1
• Odment No. 1 to Agreement No. D96 -162
1
1.
Per the AGREEMENT, the CMSD was required to design the South Bristol
2
Street Flow Reversal and the Area 2 Outfall facilities within nine
3
(9) months from the execution of the AGREEMENT, and due to no fault_
4
of CMSD in acquiring PROJECT permits and reviews, the design of the
5
PROJECT has been delayed well beyond the required nine months;
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2.
Due to current sewer infrastructure design criteria, the size of the
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15 -inch diameter gravity sewer main must be increased to an 18 -inch
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diameter main;
9
3.
In order to construct the new 18 -inch diameter sewer main within
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Birch Street, an existing CNB sewer main must be abandoned and its
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existing laterals connected to the new mainline.
12
4.
Per the AGREEMENT, the PROJECT contractor was to submit monthly
13
progress payment invoices to CMSD inspector for review, who in turn,
14
was to submit invoices to CMSD management for review and processing,
15
who in turn, was to submit invoices to OCDA staff for review and
16
approval. Upon OCDA approval of each monthly invoice from CMSD,
17
OCDA was to pay each monthly invoice to CMSD for disbursement to the
18
PROJECT contractor within thirty (30) calendar days. However,
19
California Public Contract Code Section 20104.50.(a) stipulates the
20
following, "Any local agency which fails to make any progress
21
payment within 30 days after receipt of an undisputed and properly
22
submitted payment request from a contractor on a construction
23
contract shall pay interest to the contractor equivalent to the
24
legal rate set forth in subdivision (a) of Section 685.010 of the
25
Code of Civil Procedure." Per the process as set forth in the
26
AGREEMENT, it is highly unlikely that CMSD and OCDA would be able to
process, review, and approve monthly invoices within thirty (30)
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1]
Odment No. L to Agreement No. D96
calendar days. In order to comply with the Code and avoid penalty
interest payments to the PROJECT contractor, the AGREEMENT must be
amended.
NOW, THEREFORE IT IS AGREED by and between the parties hereto that
Agreement No. D96 -162 is amended as follows:
A. All references made to EMA, Director of Public Works; Director of
Public Works; or DIRECTOR shall be amended to read, Chief Engineer
of the Orange County Public Facilities and Resources Department, or
his duly appointed designee, hereinafter referred to as "CHIEF
ENGINEER."
B. Page 1, Second Paragraph shall be deleted and replaced as follows:
"WHEREAS, PLAN indicates the need to design and construct the South
Bristol Street Flow Reversal; a new sanitary sewer pump station; 8-
inch diameter force main (pressure flow) across Birch Street Bridge;
and an 16 -inch diameter gravity sewer main and abandonment of an
existing sewer main along Birch Street (within the City of Newport
Beach) to MacArthur Boulevard to interconnect with the Orange County
Sanitation District (OCSD) Von Karman Truck Sewer Main (see Exhibit
A) to mitigate OCDA's proposed redevelopment of the Santa Ana
Heights area and its impact to CMSD existing facilities;"
C. Page 2, I. Part 1 - Area 2 Outfall and Bristol Street Flow Reversal,
Section A. Plans, Specifications, and Engineer's Estimate,
Paragraph 3 shall be deleted and replaced as follows: "CMSD agrees
to complete PROJECT design(s) within three (3) months after
acquiring all necessary PROJECT permits and reviews, which shall be
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Iltlment No. 1 to Agreemen[ No. D96 -16
sought with all due diligence, and CMSD shall begin advertisement of
the PROJECT for public bid within two (2) months thereafter."
D. Page 3, I. Part 1 - Area 2 Outfall and Bristol Street Flow Reversal,
Section A. Plans, Specifications, and Engineer's Estimate,
Paragraph 8 shall be deleted and replaced as follows: "CNB agrees
to assist CMSD in obtaining CalTrans and CNB Permits for PROJECT.
In addition, CNB agrees to conduct and complete PS &E review
subsequent to the date of execution of Amendment No. 1 of this
AGREEMENT and return written comments to CMSD within six (6) weeks
of PS &E submittal by CMSD to CNB. An extension of time beyond the
six (6) week comment period will require a written notice by CNB to
CMSD with a revised completion date, or submittal will be considered
as approved."
E. Page 4 and 5, Part 1 - Area 2 Outfall and Bristol Street Flow
Reversal, Section B. Advertisement for Bids and Construction:
Delete Paragraphs Nos. 2 and 3 and shall be deleted and replaced as
follows: "Subsequent to award of CONSTRUCTION CONTRACT(S), CMSD
shall submit an invoice, subject to Section H of this Amendment, to
OCDA for review, approval, and payment. Upon receipt and approval
of invoice, OCDA shall make payment to CMSD for the CONSTRUCTION
CONTRACT(S) award sum, subject to the provisions of paragraph no. 1
of this section of the AGREEMENT, within sixty (60) calendar days."
F. Page 5, Part 1 - Area 2 Outfall and Bristol Street Flow Reversal,
Section B. Advertisement for Bids and Construction: Delete
Paragraph No. 4 shall be deleted and replaced as follows: "All
parties agree that CONSTRUCTION CONTRACT(S) change orders for
payment by OCDA shall be reviewed and approved by the CHIEF ENGINEEP
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*dment No. 1 to Agreement No. D96 -1
prior to implementation by the contractor(s). OCDA reserves the
right to deny payment of any CONSTRUCTION CONTRACT(S) change order
performed or installed without OCDA approval. OCDA agrees to
reimburse CMSD for the cost of all CONSTRUCTION CONTRACT(S) change
orders to a total maximum not to exceed amount of Sixty Seven
Thousand Five Hundred Dollars ($67,500). Change orders that exceed
the total maximum amount above shall be the responsibility of CMSD."
G. Page 5 and 6, Part 1 - Area 2 Outfall and Bristol Street Flow
Reversal, Section C. Construction Administration and Inspection:
Delete Paragraph Nos. 3 and 4 and replace with the following: "Upon
completion of construction and recordation of a Notice of Completion
in the County Recorder's office for the CONSTRUCTION CONTRACT(S),
CMSD shall submit an invoice, subject to the provisions of Section H
of this Amendment, for construction administration and inspection
costs to OCDA for review, approval, and payment. Upon receipt and
approval of invoice and copy of recorded Notice of Completion for
CONSTRUCTION CONTRACT {S), OCDA agrees to make payment to CMSD within
sixty (60) calendar days, subject to the provisions of Paragraph No.
2 of this section of the AGREEMENT."
H. Page 6, Part 1 - Area 2 Outfall and Bristol Street Flow Reversal:
Add the following:
"D. Processing of Invoices: There will be two types of invoices
submitted to OCDA for processing: one will be Invoice for Award of
CONSTRUCTION CONTRACT(S) and the other will be Invoice for
Construction Administration and Inspection or Contract Change
Orders. All invoices submitted to OCDA for payment shall include an
accounting report containing the following information:
5
• •dment No. 1 to Agreement No. D96 -16
1
Invoice for Award of CONSTRUCTION CONTRACT(S):
2
1. Title of Construction Contract or Project including location,
3
areas, and /or limits and type of construction.
4
2. Copy of successful bidder's bid result and any relevant backup
5
information, such as: contractor's proposal, breakdown of unit_
6
costs for individual bid items or schedule of values if
7
applicable to invoice.
8
3. All items shall be summed and totaled to equal the invoice
9
amount requested.
10
Invoice for Construction Administration and Inspection or Contract
11
Change Orders:
12
1. CMSD shall submit a Final Accounting Report and invoice to
13
OCDA for payment within sixty (60) calendar days of the filing
14
of the Notice of Completion for the CONSTRUCTION CONTRACT(S).
15
CMSD shall attach the following support and backup
16
information:
17
a. Title of Construction Contract or Project including
18
location, areas, and /or limits and type of construction;
19
I.D. number of the Contract Change Order (if
20
applicable), and type and description of work performed.
21
b. List of CMSD staff and /or contracted staff involved,
22
their title, total number of hours for each employee
23
worked, and cost per hour of each, separating out
24
overhead and labor burden into different columns, summed
25
and totaled to equal the invoice amount requested.
26
C. Copy of all construction progress payments made or
invoices paid to contractor where applicable. (OCDA
6
7
• Odment No. 1 to Agreement
No. D96 -16
1
agrees to pay for only those costs actually expended by
2
CMSD and backed -up by appropriate paperwork.)
3
d. Copy of all construction change orders approved by the
4
CHIEF ENGINEER and all supporting paperwork (including
5
all change orders for work or bid items deleted from or
6
credited to the PROJECT).
7
2.
The Final Accounting Report submitted by CMSD to OCDA shall
8
detail and tally all debits and credits incurred by CMSD for
9
PROJECT and add all values for a total invoice sum to be paid
10
by or to OCDA depending on whether there is a balance due or
11
need for a refund.
12
3.
Any refund or overpayment shall be made to OCDA within sixty
13
(60) calendar days of the filing of the Notice of Completion
14
for the CONSTRUCTION CONTRACT(S)."
15
I. Page 10, IV. Part 4 - Agreement To Hold Harmless, Paragraph Nos. 3
16
and
4 shall be deleted and replaced as follows:
17
"3.
That neither CMSD nor any officer or employee thereof
18
shall be responsible for any damage or liability by
19
reason of anything done to, omitted to be done by CNB
under or in connection with any work, authority or
20
jurisdiction not delegated to CMSD under this agreement.
21
It is also understood and agreed that, pursuant to
22
Government Code Section 895.4 CNB shall fully indemnify,
23
defend, and hold harmless CMSD from any liability
24
imposed for injury (as defined by Government Code
25
Section 810.8), occurring by reason of anything done or
26
omitted to be done by CNB under this agreement.
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Odment No. 1 to Agreement No. 096 -16
4. That neither CNB nor any officer or employee thereof
shall be responsible for any damage or liability by
reason of anything done to, omitted to be done by CMSD
under or in connection with any work, authority or
jurisdiction not delegated to CNB under this agreement.
It is also understood and agreed that, pursuant to
Government Code Section 895.4 CMSD shall fully
indemnify, defend, and hold harmless CNB from any
liability imposed for injury (as defined by Government
Code Section 810.8), occurring by reason of anything
done or omitted to be done by CMSD under this
agreement."
J. Page 10, Add V. Part 5 - General Conditions:
111. Amendments
No alterations or variations of the terms of this AGREEMENT
shall be valid unless made in writing and signed by the
parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties
hereto.
2. Successors and Assigns
The terms and provisions of this AGREEMENT shall be binding
upon and inure to the benefit of the parties hereto and their
successors and assigns.
3. Entirety
This AGREEMENT contains the entire agreement between the
parties with respect to the matters provided for herein.
4. Severability
If any part of this AGREEMENT is held, determined, or
adjudicated to be illegal, void, or unenforceable by a court
of competent jurisdiction, the remainder of this AGREEMENT
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•
odment No. 1 to Agreement No. D96 -16
shall be given effect to the fullest extent reasonably
possible.
5. Binding Obligation
The parties to this AGREEMENT represent and warrant that this
AGREEMENT has been duly authorized and executed and
constitutes the legally binding obligation of their respective
organization or entity enforceable in accordance with its
terms.
6. Governing Law and Venue
This AGREEMENT has been negotiated and executed in the State
of California and shall be governed by and construed under the
laws of the State of California. In the event of any legal
action to enforce or interpret this AGREEMENT, the sole and
exclusive venue shall be a court of competent jurisdiction
located in Orange County, California, and the parties hereto
agree to and do hereby submit to the jurisdiction of such
court, notwithstanding Code of Civil Procedure, Section 394.
Furthermore, the parties have specifically agreed, as part of
the consideration given and received for entering into this
AGREEMENT, to waive any and all rights to request that an
action be transferred for trial to another County under Code
of Civil Procedure, Section. 394."
All other terms and conditions of Agreement No. D96 -162 shall remain in
full force and effect.
W
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• odment No. 1 to Agreement No. D96
IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be
.executed by their officers thereunto duly authorized on the date first written above:
City of Newpo t Beach
A Municipal F�ritity
Date: 'y/ '� ';/Cc By
Approved as to form
By ]i(iWVi'
City Attorney
Costa Mesa Sanitary District
A Body Corpora�_e raid Politic
Date: t7- I3- BY �,,,n -A 1 c _.
Art Pe`� Jr y, Pre ;ident
By v�u
Orange County Development Agency
A Body Corporate and Politic
Date: By
Chairman
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
Date: By
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM
LAURENCE M. WATSON
COUNTY COUNSEL
By //)?,,z v/ /!Y Dated:
Deputy
10
U.
I f
August 22, 2000
AUG c 2 ._
CITY COUNCIL AGENDA
APPROVED ITEM NO. 9
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: AMENDMENT TO THREE PARTY AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH, COSTA MESA SANITARY DISTRICT, AND
ORANGE COUNTY DEVELOPMENT AGENCY — CONTRACT NO. 2931 B
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute an amendment to the three party
agreement which adjusts the location of the proposed Bristol Street Pump Station and
abandons a City sewer on Birch Street and allows connection to the proposed Costa
Mesa Sanitary District gravity sewer.
BACKGROUND:
On December 9, 1996, the City Council approved a three party agreement between the
City of Newport Beach, Costa Mesa Sanitary District (CMSD), and the Orange County
Development Agency (OCDA) for improvements to the sanitary sewers in the Santa
Ana Heights area. The County of Orange, through the OCDA, is required to upgrade
the sewers in the area as part of the redevelopment approvals obtained in the early
1990's. A study prepared for the County by BSI Consultants in 1990, (The Santa Ana
Heights Redevelopment Project Area Comprehensive Infrastructure Plan) identified
certain deficiencies in the existing CMSD system and gravity sewer main. The study
recommended the installation of new facilities, including a pump station, a force main,
and gravity sewer, which would ultimately connect to the Orange County Sanitation
District's Von Karman Avenue trunk sewer main. These facilities are needed to provide
the additional capacity generated by the redevelopment of the Santa Ana Heights area.
DISCUSSION:
During the design phases of this project it became obvious that the vast number of
utilities in South Bristol Street between Campus Drive and Birch Street would make it
very difficult to construct the proposed force main. The proposed pump station was
originally planned adjacent to the Newport Beach Golf Course on Irvine Avenue just
south of Bristol Street South (see attached exhibit). After further study, a new and
improved location of the proposed pump station was chosen. However, this new
location or the pump station would encroach approximately 10 feet into the Caltrans 73
Freeway right -of -way. Several meetings were held with the Caltrans officials, CMSD,
SUBJECT: AMENDMENT REE PARTY AGREEMENT BETWEEN THE CI NEWPORT BEACH, COSTA
MESA SANITARY (STRICT, AND ORANGE COUNTY DEVELOPMEN GENCY — CONTRACT NO. 29318
August 22, 2000
Page 2
the City, and OCDA officials. After much deliberation Caltrans conceptually approved
the new location at Birch Street and South Bristol. A second design change was
necessary because of interfering storm drains and water lines on Birch Street at Dove
Street. Because of the utilities, the CMSD was forced to take the alignment of the
existing gravity sewer on Birch Street at Dove Street. This prompted a discussion of a
joint facility on Birch Street from North Bristol to MacArthur Boulevard. The CMSD
would maintain and operate a joint sewer and allow the City to connect its laterals on
Birch Street to the new main and abandon a 30 -year old sewer (located under the
northerly parkway) that has been subject to root infiltration.
To formalize the intended project design changes to the location of the pump station
and joint gravity sewer, a revised agreement between the three parties is required.
Attached is the agreement, which has been prepared by the County and approved by
the CMSD.
The new location will permit easier maintenance and operation of the pump station
since it will be located completely outside any traveled area adjacent to the freeway
right -of -way. In addition, emergency response to the station with vactor equipment,
emergency generators, or bypass pumps would be better at this location than the
previously proposed Irvine Avenue location. The proposed location of the new station
reduces the length of force main required and eliminates the need to traverse the
interfering utilities within South Bristol Street.
In summary, a joint gravity sewer on Birch Street will eliminate a current maintenance
problem for the City and replace a 30 -year old sewer at no cost, except for connection
of the laterals. Staff recommends approval.
Resp Ily su itted,
1 -Z"
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By:
Eldon Davidson
Utilities Services Manager
Attachment: Project Site Map
Amendment to Three Party Agreement
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County oftrange
o Public Facilities & Resources Department
John W. Sibley, Director
July 18, 2000
Mike Sinacori, Manager, Utilities Section
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92659 -1768
SUBJECT: Sewer Infrastructure Improvements for the Santa Ana Heights Area
Dear Mike:
U,- 2 0 .
Transmitted to the City of Newport Beach is the partially executed Amendment No. 1 to Agreement No.
D96 -192 between the Orange County Development Agency (OCDA), the Costa Mesa Sanitary District
(CMSD), and the City of Newport Beach (City) for execution by your City Council. The Costa Mesa
Sanitary District Board executed Amendment No. I on July 13, 2000, and has signed and embossed all
five (5) signature pages. OCDA and CMSD respectfully request that you present the Amendment to your
City Council for approval at your earliest convenience. Upon approval by your Council, the Orange
County Board of Supervisors, acting as the Orange County Development Agency, will execute the
Amendment and issue a wet copy to each party of the Agreement for your records.
If you or your staff have any questions or require further information, please give me a call at (714)834-
2599.
Wkword/Projects /Santa Ana Heights/Sewer Improvements/Ltr to Sinacori I81u100.doc
Cc: J. A. Miller
LOCATION:
300 N. FLOWER ST
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 927024048
TELEPHONE:
(714) 834 -5302
FAX # 834 -2395
c.
. AmJeent No. 1 to Agreement No. D96 -16
1
2 A M E N D M E N T
3 THIS AMENDMENT, for purposes of identification hereby numbered Amendment
4 No. 1 to Agreement No. D96 -162, and dated the _ day of 2000, is
5 BY AND BETWEEN
6 The Orange County Development Agency
hereinafter referred to as "OCDA ",
7
AND
8
The Costa Mesa Sanitary District
9 hereinafter referred to as "CMSD",
10 AND
11 The City of Newport Beach
hereinafter referred to as "CNB ".
12
13 W I T N E S S E T H
14 WHEREAS, OCDA, CMSD, and CNB entered into Agreement No. D96 -162 on January
15 14, 1997, hereinafter referred to as AGREEMENT, for the purposes of designing and
16 constructing specific sewer infrastructure improvements for the Santa Ana Heights
17 area, consisting of: the South Bristol Street Flow Reversal; a Sanitary Sewer Pump
18 Station; an 8 -inch Diameter Force Main from the pump station across the Birch Street
19 Bridge; and a 15 -inch Diameter Gravity Sewer Main along Birch Street (within the City
20 of Newport Beach) from the Birch Street Bridge to MacArthur Boulevard (also known as
21 the Area 2 Outfall facility). The above infrastructure improvements, hereinafter
22 referred to as "PROJECT," are required to mitigate OCDA's proposed redevelopment of
23 the Santa Ana Heights Area, and have been identified in a report prepared by BSI, Inc.
24 entitled, "Santa Ana Heights Redevelopment Project Area Comprehensive Infrastructure
25 Improvement Plan, Dated April 23, 1990," hereinafter referred to as "PLAN "; and
26 WHEREAS, OCDA, CMSD, and CNB require an amendment to the AGREEMENT for the
following reasons:
1
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• *invent No. 1 to Agreement No. D96 -16i
1. Per the AGREEMENT, the CMSD was required to design the South Bristol
Street Flow Reversal and the Area 2 Outfall facilities within nine
(9) months from the execution of the AGREEMENT, and due to no fault
of CMSD in acquiring PROJECT permits and reviews, the design of the
PROJECT has been delayed well beyond the required nine months;
2. Due to current sewer infrastructure design criteria, the size of the
15 -inch diameter gravity sewer main must be increased to an 18 -inch
diameter main;
3. In order to construct the new 18 -inch diameter sewer main within
Birch Street, an existing CNB sewer main must be abandoned and its
existing laterals connected to the new mainline.
4. Per the AGREEMENT, the PROJECT contractor was to submit monthly
progress payment invoices to CMSD inspector for review, who in turn,
was to submit invoices to CMSD management for review and processing,
who in turn, was to submit invoices to OCDA staff for review and
approval. Upon OCDA approval of each monthly invoice from CMSD,
OCDA was to pay each monthly invoice to CMSD for disbursement to the
PROJECT contractor within thirty (30) calendar days. However,
California Public Contract Code Section 20104.50.(a) stipulates the
following, "Any local agency which fails to make any progress
payment within 30 days after receipt of an undisputed and properly
submitted payment request from a contractor on a construction
contract shall pay interest to the contractor equivalent to the
legal rate set forth in subdivision (a) of Section 685.010 of the
Code of Civil Procedure." Per the process as set forth in the
AGREEMENT, it is highly unlikely that CMSD and OCDA would be able to
process, review, and approve monthly invoices within thirty (30)
2
V
• AmEont No. 1 to Agreement No. D96 -16
1
calendar days. In order to comply with the Code and avoid penalty
2
interest payments to the PROJECT contractor, the AGREEMENT must be
3
amended.
4
5
NOW,
THEREFORE IT IS AGREED by and between the parties hereto that
6
Agreement No. D96 -162 is amended as follows:
7
A.
All references made to EMA, Director of Public Works; Director of
8
Public Works; or DIRECTOR shall be amended to read, Chief Engineer
9
of the Orange County Public Facilities and Resources Department, or
10
his duly appointed designee, hereinafter referred to as "CHIEF
11
ENGINEER."
12
B.
Page 1, Second Paragraph shall be deleted and replaced as follows:
13
"WHEREAS, PLAN indicates the need to design and construct the South
14
Bristol Street Flow Reversal; a new sanitary sewer pump station; 8-
15
inch diameter force main (pressure flow) across Birch Street Bridge;
16
and an 18 -inch diameter gravity sewer main and abandonment of an
17
existing sewer main along Birch Street (within the City of Newport
18
Beach) to MacArthur Boulevard to interconnect with the Orange Count}
19
Sanitation District (OCSD) Von Karman Truck Sewer Main (see Exhibit
20
A) to mitigate OCDA's proposed redevelopment of the Santa Ana
21
Heights area and its impact to CMSD existing facilities;"
22
C.
Page 2, I. Part 1 - Area 2 Outfall and Bristol Street Flow Reversal,
23
Section A. Plans, Specifications, and Engineer's Estimate,
24
Paragraph 3 shall be deleted and replaced as follows: "CMSD agrees
25
to complete PROJECT design(s) within three (3) months after
26
acquiring all necessary PROJECT permits and reviews, which shall be
3
• Odment No. 1 to Agreement No. D96 -16
1
sought with all due diligence, and CMSD shall begin advertisement of
2
the PROJECT for public bid within two (2) months thereafter."
3
D. Page 3, I. Part 1 - Area 2 Outfall and Bristol Street Flow Reversal,
4
Section A. Plans, Specifications, and Engineer's Estimate,
5
Paragraph 8 shall be deleted and replaced as follows: "CNB agrees
6
to assist CMSD in obtaining CalTrans and CNB Permits for PROJECT.
7
In addition, CNB agrees to conduct and complete PS &E review
8
subsequent to the date of execution of Amendment No. 1 of this
9
AGREEMENT and return written comments to CMSD within six (6) weeks
10
of PS &E submittal by CMSD to CNB. An extension of time beyond the
11
six (6) week comment period will require a written notice by CNB to
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CMSD with a revised completion date, or submittal will be considered
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as approved."
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E. Page 4 and 5, Part 1 - Area 2 Outfall and Bristol Street Flow
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Reversal, Section B. Advertisement for Bids and Construction:
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Delete Paragraphs Nos. 2 and 3 and shall be deleted and replaced as
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follows: "Subsequent to award of CONSTRUCTION CONTRACT(S), CMSD
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shall submit an invoice, subject to Section H of this Amendment, to
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OCDA for review, approval, and payment. Upon receipt and approval
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of invoice, OCDA shall make payment to CMSD for the CONSTRUCTION
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CONTRACT(S) award sum, subject to the provisions of paragraph no. 1
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of this section of the AGREEMENT, within sixty (60) calendar days."
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F. Page 5, Part 1 - Area 2 Outfall and Bristol Street Flow Reversal,
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Section B. Advertisement for Bids and Construction: Delete
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Paragraph No. 4 shall be deleted and replaced as follows: "All
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parties agree that CONSTRUCTION CONTRACT(S) change orders for
payment by OCDA shall be reviewed and approved by the CHIEF ENGINEER
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• Ameont No. 1 to Agreement No. D96 -16
prior to implementation by the contractor(s). OCDA reserves the
right to deny payment of any CONSTRUCTION CONTRACT(S) change order
performed or installed without OCDA approval. OCDA agrees to
reimburse CMSD for the cost of all CONSTRUCTION CONTRACT(S) change
orders to a total maximum not to exceed amount of Sixty Seven
Thousand Five Hundred Dollars ($67,500). Change orders that exceed
the total maximum amount above shall be the responsibility of CMSD."
G. Page 5 and 6, Part 1 - Area 2 Outfall and Bristol Street Flow
Reversal, Section C. Construction Administration and Inspection:
Delete Paragraph Nos. 3 and 9 and replace with the following: "Upor
completion of construction and recordation of a Notice of Completior
in the County Recorder's office for the CONSTRUCTION CONTRACT(S),
CMSD shall submit an invoice, subject to the provisions of Section F
of this Amendment, for construction administration and inspection
costs to OCDA for review, approval, and payment. Upon receipt and
approval of invoice and copy of recorded Notice of Completion for
CONSTRUCTION CONTRACT(S), OCDA agrees to make payment to CMSD withir
sixty (60) calendar days, subject to the provisions of Paragraph No.
2 of this section of the AGREEMENT."
H. Page 6, Part 1 - Area 2 Outfall and Bristol Street Flow Reversal:.
Add the following:
"D. Processing of Invoices: There will be two types of invoices
submitted to OCDA for processing: one will be Invoice for Award of
CONSTRUCTION CONTRACT(S) and the other will be Invoice for
Construction Administration and Inspection or Contract Change
Orders. All invoices submitted to OCDA for payment shall include ai
accounting report containing the following information:
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•
*ment No. 1 to Agreement No. D96 -1
Invoice for Award of CONSTRUCTION CONTRACT(S):
1. Title of Construction Contract or Project including location,
areas, and /or limits and type of construction.
2. Copy of successful bidder's bid result and any relevant backup
information, such as: contractor's proposal, breakdown of unit
costs for individual bid items or schedule of values if
applicable to invoice.
3. All items shall be summed and totaled to equal the invoice
amount requested.
Invoice for Construction Administration and Inspection or Contract
Change Orders:
1. CMSD shall submit a Final Accounting Report and invoice to
OCDA for payment within sixty (60) calendar days of the filing
of the Notice of Completion for the CONSTRUCTION CONTRACT(S).
CMSD shall attach the following support and backup
information:
a. Title of Construction Contract or Project including
location, areas, and /or limits and type of construction;'
I.D. number of the Contract Change Order (if
applicable), and type and description of work performed.
b. List of CMSD staff and /or contracted staff involved,
their title, total number of hours for each employee
worked, and cost per hour of each, separating out
overhead and labor burden into different columns, summed
and totaled to equal the invoice amount requested.
C. Copy of all construction progress payments made or
invoices paid to contractor where applicable. (OCDA
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• Am *ent No. 1 to Agreement
No. D96 -1i
1
agrees to pay for only those costs actually expended by
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CMSD and backed -up by appropriate paperwork.)
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d. Copy of all construction change orders approved by the
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CHIEF ENGINEER and all supporting paperwork (including
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all change orders for work or bid items deleted from or
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credited to the PROJECT).
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2.
The Final Accounting Report submitted by CMSD to OCDA shall
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detail and tally all debits and credits incurred by CMSD for
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PROJECT and add all values for a total invoice sum to be paid
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by or to OCDA depending on whether there is a balance due or
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need for a refund.
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3.
Any refund or overpayment shall be made to OCDA within sixty
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(60) calendar days of the filing of the Notice of Completion
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for the CONSTRUCTION CONTRACT(S)."
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I. Page
10, IV. Part 4 - Agreement To Hold Harmless, Paragraph Nos. 3
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and 4
shall be deleted and replaced as follows:
17
"3.
That neither CMSD nor any officer or employee thereof
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shall be responsible for any damage or liability by
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reason of anything done to, omitted to be done by CNB
under or in connection with any work, authority or
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jurisdiction not delegated to CMSD under this agreement.
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It is also understood and agreed that, pursuant to
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Government Code Section 895.4 CNB shall fully indemnify,
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defend, and hold harmless CMSD from any liability
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imposed for injury (as defined by Government Code
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Section 810.8), occurring by reason of anything done or
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omitted to be done by CNB under this agreement.
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► J
ed-ent No. 1 to Agreement No.
4. That neither CNB nor any officer or employee thereof
shall be responsible for any damage or liability by
reason of anything done to, omitted to be done by CMSD
under or in connection with any work, authority or
jurisdiction not delegated to CNB under this agreement.
It is also understood and agreed that, pursuant to
Government Code Section 895.4 CMSD shall fully
indemnify, defend, and hold harmless CNB from any
liability imposed for injury (as defined by Government
Code Section 810.8), occurring by reason of anything
done or omitted to be done by CMSD under this
agreement."
J. Page 10, Add V. Part 5 - General Conditions:
111. Amendments
No alterations or variations of the terms of this AGREEMENT
shall be valid unless made in writing and signed by the
parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties
hereto.
2. Successors and Assigns
The terms and provisions of this AGREEMENT shall be binding
upon and inure to the benefit of the parties hereto and their
successors and assigns.
3. Entirety
This AGREEMENT contains the entire agreement between the
parties with respect to the matters provided for herein.
4. Severability
If any part of this AGREEMENT is held, determined, or
adjudicated to be illegal, void, or unenforceable by a court
of competent jurisdiction, the remainder of this AGREEMENT
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AmE ent No. 1 to Agreement No. D96 -16
shall be given effect to the fullest extent reasonably
possible.
5. Binding Obligation
The parties to this AGREEMENT represent and warrant that this
AGREEMENT has been duly authorized and executed and
constitutes the legally binding obligation of their respective
organization or entity enforceable in accordance with its
terms.
6. Governing Law and Venue
This AGREEMENT has been negotiated and executed in the State
of California and shall be governed by and construed under the
laws of the State of California. In the event of any legal
action to enforce or interpret this AGREEMENT, the sole and
exclusive venue shall be a court of competent jurisdiction
located in Orange County, California, and the parties hereto
agree to and do hereby submit to the jurisdiction of such
court, notwithstanding Code of Civil Procedure, Section 394.
Furthermore, the parties have specifically agreed, as part of
the consideration given and received for entering into this
AGREEMENT, to waive any and all rights to request that an
action be transferred for trial to another County under Code
of Civil Procedure, Section 394."
All other terms and conditions of Agreement No. D96 -162 shall remain in
full force and effect.
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•
*ment No. 1 to Agreement No. D96 -1
IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be
executed by their officers thereunto duly authorized on the date first written above:
City of Newport Beach
A Municipal Entity
Date:
Date
Date:
Date:
(7 - 13 -00
APPROVED AS TO FORM
LAURENCE M. WATSON
COUNTY COUNSEL
91
Approved as to form:
L-E
Mayor
City Attorney
Costa Mesa Sanitary District
A Body Corpora,.era4jd Politic
By (�
Ar*_ Pe ry`, �P;resident
By
%��,�►
Secretary
Orange County Development Agency
A Body Corporate and Politic
By
Chairman
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
am
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
By �q� / /!i Dated:
Deputy
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• Ameent No. 1 to Agreement No. D96 -1
IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be
executed by their officers thereunto duly authorized on the date first written above:
City of Newport Beach
A Municipal Entity
Date:
Date: 1. 13'0()
Date:
Date:
M
Mayor
Approved as to form:
By
City Attorney
Costa Mesa Sanitary District
A Body Corporate a Politic
By-
�� - -` Art Perry, resident
n
By +
Secretar�
Orange County Development Agency
A Body Corporate and Politic
Chairman
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM
LAURENCE M. WATSON
COUNTY COUNSEL
1/.
By 4,74 Dated:
Deputy
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• A&ment No. 1 to Agreement No. D96 -1
IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be
executed by their officers thereunto duly authorized on the date first written above:
City of Newport Beach
A Municipal Entity
Date:
Date
Date:
Date:
,j3-00
APPROVED AS TO FORM
LAURENCE M. WATSON
COUNTY COUNSEL
i
By ' "n
Deputy
By
Mayor
Approved as to form:
By
M
By
City Attorney
Costa Mesa Sar.�.itary District
A Body Corporate qn� . Politic
Art:
U " Secretary
Orange County Development Agency
A Body Corporate and Politic
By
Chairman
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
Dated: W
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Ame )on t No. 1 to Agreement No. D96-
IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be
executed by their officers thereunto duly authorized on the date first written above:
City of Newport Beach
A Municipal Entity
Date:
Date:
IDate:
IDate:
-13 -0
By
Mayor
Approved as to form:
By
City Attorney
Costa Mesa Sanitary District
A Body Corporate and Politic
M
Art Perry,
By
j v Secretary
Orange County Development Agency
A Body Corporate and Politic
By
Chairman
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
Z
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM
LAURENCE M. WATSON
COUNTY COUNSEL
By — /� �z' Dated: 6
Deputy
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]went No. 1 to Agreement No. D96 -1
IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be
executed by their officers thereunto duly authorized on the date first written above:
City of Newport Beach
A Municipal Entity
Date:
Date:
Date:
Date:
n-13 -0("
APPROVED AS TO FORM
LAURENCE M. WATSON
COUNTY / j�
OCOUNSEL�7
By Z °Z '-
Deputy
By
Mayor
Approved as to form:
By
City Attorney
Costa Mesa Sar..itary District
A Body Corporate and Politic
By
LrA
orange County Development Agency
A Body Corporate and Politic
By
Chairman
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
Dated:
10
B
BY THE CITY COUNCIL December 9 1996
CITY OF NEA'PORT BEACH '
• `� 9 C TY COUNCIL AGENDA
ITEM NO. 5
r ,
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: THREE PARTY AGREEMENT AMONG THE CITY OF NEWPORT
BEACH, COSTA MESA SANITARY DISTRICT, AND ORANGE COUNTY
DEVELOPMENT AGENCY -CONTRACT NO. 2931 LB
RECOMMENDATIONS:
1. Approve the three party agreement concerning design and construction of sanitary
sewer facilities within Birch Street and Bristol Street and reimbursement of
associated costs.
2. Authorize the Mayor and the City Clerk to sign the agreement on behalf of the City.
3. Authorize a budget amendment to reflect a $231,000 contribution from the Orange
• County Development Agency.
DISCUSSION:
The City has budgeted funds in the amount of $2,100,000 in the FY 1996 -97 Capital
Improvement Program for the widening of the Birch Street bridge over State Route 73
(Corona del Mar Freeway /San Joaquin Hills Tollway) as a cooperative project. This
construction will also accommodate the future widening and realignment of Mesa /Birch
between Irvine Avenue and Bristol Street South by the County of Orange. The County
project is funded through the Orange County Development Agency (OCDA) as part of
the Santa Ana Heights Redevelopment Project area. When completed, the two
projects together will address existing and projected traffic capacity deficiencies by
adding additional lanes and provide an alternative to Irvine Avenue /Campus Drive
arterial access to both the Santa Ana Heights Redevelopment area and the Airport
Business area.
Sanitary sewer service to Santa Ana Heights is provided by Costa Mesa Sanitary
District (CMSD). A 1990 County study, prepared by B.S.I. Consultants, titled "Santa
Ana Heights Redevelopment Project Area Comprehensive Infrastructure Improvement
Plan, identified, among other things, certain deficiencies in the existing CMSD system
and recommended the installation of new facilities including a pump station, force main
• and gravity sewer main which would ultimately connect to the Orange County Sanitation
District's Von Karman trunk sewer main. These facilities are needed to provide the
additional capacity generated by the redevelopment of the Santa Ana Heights area.
SUBJECT: THREE PARTY AGREEMENT AMONG THE CITY OF NEWPORT BEACH, COSTA MESA
SANITARY DISTRICT AND ORANGE COUNTY DEVELOPMENT AGENCY
December 9, 1996
Page 2 •
Staff and consultants from all three agencies (City, County and CMSD) agree it would
be most beneficial if the design and construction of these facilities are coordinated and
implemented with the City and County projects. OCDA funds are available to pay for
the design and construction of the proposed sanitary sewer facilities. The proposed
three party agreement provides for the following items which concern the City's project:
1. The design and installation of an 8 -inch sewer force main within the widened portion
of the Birch Street bridge. The design will be done by the City's civil engineer
consultant for the Birch Street project, Willdan Associates. OCDA will reimburse the
City up to $11,000 for design and $170,000 for construction. The City will include
the installation of the force main in its construction bid specifications.
2. The City will also include in its construction bid the construction of a left -turn lane for
Bristol Street South (design will be provided by the County). OCDA will reimburse
the City up to $50,000 for this construction.
In a related agenda report, staff is recommending approval of an amendment to
Willdan's design contract for Birch Street to include, among other items, the design of
the force main within the bridge widening. .
Approval and execution of this three party agreement will provide the authority for the
City's consultants to begin the design of the force main and include it in the bid
specifications.
The agreement was approved by the Costa Mesa Sanitary District Board of Directors
on November 15, 1996.
Respectfully submitted,
00
PUBLIC WORKS DEPARTMENT
Don Webb, Director
e
by:
Emmet Berkery
Project Consultant
Attachments
•
M
NO. BA- 020
BUDGET AMENDMENT
1996 -97 AMOUNT: 5231,000.00
EFFECT 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:
N
EXPLANATION:
from e)dsting budget appropriations
from additional estimated revenues
from unappropriated fund balance
This budget amendment is requested to provide for the following:
To appropriate an additional $231,000 for the Birch Street Bridge widening project to reflect additional
contributions from the Orange County Development Agency (OCDA).
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
250 3605 Fund Balance Control
REVENUE APPROPRIATIONS (3601)
Fund/Division Account
250 5901
EXPENDITURE APPROPRIATIONS (3603)
Description
Private Donations and Contributions
Description
Division Number 7251 Contributions Fund
Account Number C5100065 Birch Street Bridge Wdening Project
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Signed:
Financial Approval: Fina ce Director
Signed:
A m nisi ative Ap . ro City Manager
gned:
City Council Approval: City Clerk
Amount
Debit Credit
$231,000.00
$231,000.00
/--) -a2-0;�;
Date
/z -a
Date
Date
Ih
0
County oftrange
J2� z
Public Facilities & Resources Department
C9LIFORN�P
John W. Sibley, Director
March 18, 1997
Emmet Berkery, P.E.
3345 Newport Boulevard, Suite 215
Newport Beach, CA 92663
SUBJECT: Three -Party Agreement No. D96 -162 by and between the Costa Mesa
Sanitary District, the City of Newport Beach, and the Orange County
Development Agency
Dear Mr. Berkery:
Transmitted to the City of Newport Beach is fully executed Agreement No.
D96 -162 for your records.
If you or your staff have any questions or require further information, please
call me at (714)834 -2599.
Very truly yours,
it Jon s, Sr. Ci it Eng.
Flood Co t 1 De an
PMJ:wps03l8l997
Cc: G. Britton III, OCDA
LOCATION: MAILING ADDRESS: INFORMATION:
300 N. FLOWER ST. P.O. BOX 4048 (714) 834 -2300
SANTA ANA, CALIFORNIA SANTA ANA, CA 92702 -4048 FAX# 834 -5188
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RESOLUTION OF THE ORANGE COUNTY BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
January 14, 1997
On motion of Supervisor Wilson duly seconded and carried, the
following Resolution was adopted:
WHEREAS, the orange County Board of Supervisors (the "County ") adopted and
approved a Redevelopment Plan (the "Plan") for the Santa Ana Heights Redevelopment
Project Area (the "Project Area"); and
WHEREAS, pursuant to the Community Development Law of the State of California
(Health and Safety Code Section 33000, et, sec.), the Orange County Development
Agency (the "Agency ") is implementing the Plan for the Project Area; and
WHEREAS, on July 10, 1990, the County received the Santa Ana Heights
Redevelopment Project Area Comprehensive Infrastructure Implementation Plan (CIIP)
which evaluated the deficiencies and needs for a variety of infrastructure
improvements throughout the Project Area; and
WHEREAS, pursuant to Section 33445 of the Health and Safety Code, the Agency
may, with consent of the County, pay the costs of design and construction of public
improvements if the County makes certain determinations; and
WHEREAS, in furtherance of the redevelopment of the Project Area, the Agency
and the County desire a certain public improvement known as the "Area 2 Outfall
Facilities and South Bristol Flow Reversal" (the "Improvement "), and the Agency
will pay for all costs related to said construction; and
WHEREAS, the Improvement is of benefit to the Project Area and the immediate
neighborhood of the Project Area in that it will increase the safety and quality of
life by providing adequate sewer capacity; and
WHEREAS, no other reasonable means of financing the construction of said
Improvement is available to the community in that the cost of the Improvement is
not the jurisdictional responsibility of the cities of Newport Beach or Costa Mesa
or the Costa Mesa Sanitary District, is not within the budget of the County,
exceeds the financial ability of the County to fund future capital activities, and
no private sources of funding are available. Traditional methods of financing,
such as the issuance of general obligation bonds by the County, are unavailable as
a practical matter because of the extraordinary majority voter approval requirement
of two - thirds of the electorate. Special assessment financing would also be
unavailable because said Improvement has a more general (rather than special)
benefit and would also overburden property owners; and
Resolution No. 97 -18
Determines FEIR Serves as a
Program EIR for Redev. Project --
Santa Ana Hts. Project Area --
Adopts FEIR 508 -A & Makes
CEQA Findings NSC:ep
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WHEREAS, the payment of funds for said improvement will assist with the
elimination of one or more blighting conditions in the Project Area in that it will
assist with correcting sanitary sewer system deficiencies which were determined to
be a condition of blight in the Report of the orange County Development Agency to
the Board of Supervisors for the Santa Ana Heights Redevelopment Plan which was
adopted in July 1986. Furthermore, the payment of funds for said Improvement was
contemplated in and is consistent with the Santa Ana Heights Redevelopment Project
Area Five -Year Imolementation Plan adopted by the Agency on October 25, 1994; and
WHEREAS, the Orange County Board of Supervisors adopted a resolution certifying
Final Environmental Impact Report (FEIR) 508 -A on October 27, 1987 as the
appropriate CEQA documentation for the Santa Ana Height Specific Plan including
Redevelopment Plan projects. As part of the previous actions, the Board adopted
Findings with respect to Significant Environmental Effects and a Statement of
Overriding Consideration.
NOW, THEREFORE, BE IT RESOLVED that this Board has considered Final EIR 508 -A
and determined that the FEIR serves as a Program EIR for the proposed project.
BE IT FURTHER RESOLVED that this Board hereby determines that the construction
of said Improvement is of benefit to the Project Area and the immediate
neighborhood which is located in the Project Area, and that no other reasonable
means of financing the construction of said Improvement is available to the
community, and hereby consents to the construction of said Improvement. The
determination that the Improvement will benefit the Project Area is based upon the
fact that it will assure adequate sewer capacity in the Project Area and thereby
improve the safety of the neighborhood for Project Area residents.
2.
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Cl
CN3
This Agreement, numbered D96 -162, entered into this /06(day of 1 1997,
BY AND BETWEEN
ORANGE COUNTY DEVELOPMENT AGENCY,
hereinafter referred to as "OCDA•
AND COSTA MESA SANITARY DISTRICT,
hereinafter referred to as "CMSD"
AND CITY OF NEWPORT BEACH,
hereinafter referred to as "CNB•
R E C I T A L S
WHEREAS, OCDA desires to redevelop the Santa Ana Heights Community,
including the South Bristol Flow Reversal and Area 2 outfall sewer
improvements set forth in the BSI report, titled "Santa Ana Heights
Redevelopment Project Area Comprehensive Infrastructure Improvement Plan,
dated April 23, 1990," hereinafter referred to as "PLAN•; and
WHEREAS, PLAN indicates the need to design and construct a new
sanitary sewer pump station; 8 -inch diameter force main (pressure flow) across
the Birch Street Bridge; and a 15 -inch diameter gravity sewer main along Birch
Street (within the City of Newport Beach) to MacArthur Boulevard to
interconnect with the County Sanitation Districts of orange County (CSDOC) von
Karman Trunk Sewer Main to mitigate OCDA's proposed redevelopment of the Santa
Ana Heights area and its impact to CMSD existing facilities; and
WHEREAS, PLAN indicates that the design and construction of a flow
reversal to the sewer line along South Bristol Street between Irvine Avenue
and Birch Street will be needed to relieve CMSD's Tustin Avenue Pumping
Station from excessive flows caused by OCDA's proposed redevelopment and have
the conveyance of sewage flow by gravity to the new pump station; and
WHEREAS, CNB desires that all infrastructure improvements constructed
1
within the Santa Ana Heights redevelopment area be constructed to meet CNB
construction and design standards due to the possibility that CNB may in the
future annex the redevelopment area or portions thereof; and
WHEREAS, OCDA, CMSD, and CNB desire to cooperate in the design and
construction of the aforementioned improvements as set forth in the PLAN,
hereinafter referred to as "PROJECT ".
A G R E E M E N T
NOW, THEREFORE IT IS MUTUALLY AGREED, by and between OCDA, CMSD, and
CNB as follows:
I. PART 1 - AREA 2 OUTFALL AND BRISTOL STREET FLOW REVERSAL
A. PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE
1. CMSD agrees to prepare or cause to be prepared Plans,
Specifications and Estimates, hereinafter referred to as "PS &E,"
for the PROJECT in accordance with CNB standards, where feasible,
due to the possible future annexation of the Santa Ana Heights
area by CNB.
2. CMSD agrees to hold a PROJECT concept design meeting prior to
preparation of PS &E to ensure agreement between CMSD, CNB, and
OCDA of PROJECT direction.
3. CMSD agrees to complete PROJECT design(s) nine (9) months after
execution of this AGREEMENT and to begin construction of PROJECT
as soon as possible thereafter.
4. CMSD agrees to coordinate PROJECT design and construction with
CNB's Birch Street Bridge Widening, OCDA's Mesa -Birch
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Re- alignment, Orange County Water District's (OCWD) Green Acres
project, and CSDOC for sewer interconnect, where feasible.
5. CMSD agrees to provide three sets of PS &E to OCDA and CNB at the
60% completion point of the design process, and the 100%
completion point of the design process for review and approval by
the CNB, City Engineer or his appointed agent and /or designee, and
County of Orange, Director of Public Works, or his appointed agent
and /or designee, hereinafter referred to as "DIRECTOR," for
conformance with the PLAN and CUB sewer facility standards prior
to advertisement for bid.
6. OCDA and CNB agree to review and approve all PS &E for the PROJECT
prior to advertisement for bid, to verify conformity with the PLAN
and CNB standards.
7. CMSD agrees to obtain all necessary permits for the design and
construction of the project, including all permits required in
connecting the gravity sewer line to CSDOC's Von Karman Trunk
Sewer at Birch Street and MacArthur Avenue, and any permits
required for the construction and operation of the new sanitary
sewer pump station.
8. CNB agrees to assist CMSD in obtaining CalTrans Permits for the
Birch Street overcrossing of the force main (if required), and to
incorporate any portions of PROJECT into CNB's Birch Street Bridge
Widening Project over the Corona Del Mar (73) Freeway, where
feasible.
9. OCDA agrees to assist CNB and CMSD in obtaining all necessary
County Public Property Permits for the design and construction of
the project, if required.
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10. OCDA agrees to reimburse CMSD for the cost of PS &E of PROJECT as
set forth in the PLAN not to exceed $225,000.
11. Upon receipt of invoicing, OCDA agrees to pay CMSD for PS &E by
invoiced progress on a monthly basis within sixty (60) calendar
days. All invoicing shall be subject to approval for payment by
OCDA in accordance with the progress of the PROJECT. All
invoicing shall include: the project title, agreement number,
work -order number (to be supplied by OCDA), names of staff
involved, level of staff involved, number of hours involved and
dates work was accomplished, and not to exceed ninety percent
(90 %) of the entire PROJECT.
12. OCDA agrees to make final payment of the remaining ten percent
(10 %) within sixty (60) calendar days to CMSD after the submittal
and approval by CMSD and OCDA of a Final Accounting Report which
shall contain: a certification signed by CMSD and the DIRECTOR or
his designee, that all expenditures and tasks applicable to the
PROJECT have been completed, and that all invoices and warrants on
file with CMSD have been made available to OCDA for its review and
approval.
B. ADVERTISEMENT FOR BIDS AND
1. After approval of PROJECT by OCDA and CNB, CMSD agrees to
advertise PROJECT for public bid(s) and award PROJECT contract(s)
to the lowest responsible bidder(s) not to exceed a coat of
$2,250,000, hereinafter referred to as
CONTRACT(S)."
2. After verification by CMSD staff that contractor's bid quantities
have been properly incorporated into PROJECT, CMSD agrees to
submit all construction contractor's invoice(s) to OCDA by the
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20th of each month during the construction phase(s).
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OCDA agrees to pay each monthly invoice to CMSD for disbursement
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to the contractor within thirty (30) calendar days after receipt
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of contractor's invoice from CMSD.
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4.
All parties agree that CONSTRUCTION CONTRACT(S) change orders for
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payment by OCDA shall be reviewed and approved by the DIRECTOR
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prior to implementation by the contractor's). OCDA reserves the
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right to deny payment of any CONSTRUCTION CONTRACThS) change order
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performed without DIRECTOR approval.
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C. CONSTRUCTION ADMINISTRATION AND INSPECTION
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1.
CMSD agrees to administrate and inspect CONSTRUCTION CONTRACT(S)
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during the construction phase(s) for conformance with CMSD's PS &E.
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2.
OCDA agrees to reimburse CMSD for the cost of construction
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administration and construction inspection of CONSTRUCTION
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CONTRACT(S) as set forth in the PLAN not to exceed $225,000.
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3.
Upon receipt of invoicing, OCDA agrees to pay CMSD for
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construction administration and construction inspection by
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invoiced progress payments on a monthly basis, each payment by
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OCDA shall be made within sixty (60) calendar days of receipt of
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invoice from CMSD. All invoicing shall be subject to approval for
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payment by OCDA in accordance with the progress of the
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CONSTRUCTION CONTRACT(S). All invoicing shall include: the
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project title, agreement number, work -order number (to be supplied
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by OCDA), names of staff involved, level of staff involved, number
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of hours involved and dates work was accomplished, and not to
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exceed ninety percent (90W) of the entire PROJECT.
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4.
OCDA agrees to make final payment of the remaining ten percent
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(10 %) within sixty (60) calendar days to CMSD after the submittal
and approval by CMSD and OCDA of a Final Accounting Report which
shall contain: a certification signed by CMSD and the DIRECTOR or
his designee, that all expenditures and tasks applicable to the
PROJECT have been completed, and that all invoices and warrants on
file with CMSD have been made available to OCDA for its review and
approval.
II. PART 2 - 8" FORCE MAIN
A. PLANS,
AND ENGINEER'S ESTIMATE
1. CNB agrees to design 8" force main as identified in PLAN.
2. CMSD agrees to provide CNB with design criteria for eight inch
(8 ") force main, and CNB agrees to include force main in its
construction plans and specifications for the construction
contract for the widening of Birch Street over the Corona Del Mar
(73) Freeway.
3. OCDA and CMSD agree to approve design for eight -inch (8 ") force
main prior to advertisement for bids.
4. OCDA agrees to reimburse CNB for design costs incurred for
inclusion of eight -inch (811) force main in CNB's Birch Street
Bridge Widening project not to exceed $11,000.
5. Upon completion of design and advertisement for bids for the
bridge widening project, CNB agrees to submit an invoice to OCDA
for reimbursement of design costs. Upon receipt of the invoice
and upon review, verification, and approval of invoice by OCDA,
OCDA agrees to reimburse CNB within sixty (60) calendar days.
B. ADVERTISEMENT FOR BIDS AND CONSTRUCTION
1. CNB agrees to include in its advertisement for bids for the
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widening of Birch Street over the Corona Del Mar (73) Freeway the
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eight inch (811) force main as identified in PLAN.
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Upon completion of construction of the eight inch (811) force main
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through the bridge, CNB agrees to submit an invoice to OCDA for
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reimbursement of costs incurred by CNB in conjunction with the
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construction work for this improvement. OCDA agrees to reimburse
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CNB in an amount not to exceed $170,000 (not including OCDA
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approved construction contract change orders) for these costs.
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3.
Upon receipt of the invoice and upon review, verification, and
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approval of invoice by OCDA, OCDA agrees to reimburse CNB within
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sixty (60) calendar days.
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CNB agrees that all construction contract change orders associated
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with the 8" force main shall be approved by the DIRECTOR in
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advance and prior to any work performed by the contractor.
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III.PART 3
- BRISTOL STREET LEFT HAND TURN LANE
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A. PS &E AND CONSTRUCTION
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1.
CNB agrees to include in its construction contract for the
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widening of Birch Street over the Corona Del Mar (73) Freeway the
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construction of a left -hand turning lane for South Bristol Street.
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2.
OCDA agrees to provide CNB with design of the left -hand turning
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lane.
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3.
Upon completion of construction of the turning lane, CNB agrees to
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submit an invoice to OCDA for reimbursement of costs incurred by
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CNB in conjunction with the construction work for this
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improvement. OCDA agrees to reimburse CNB in an amount not to
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exceed $50,000 (not including OCDA approved construction contract
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change orders) for these costs.
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4. Upon receipt of the invoice and upon review, verification, and
approval of invoice by OCDA, OCDA agrees to reimburse CNB within
sixty (60) calendar days.
5. CNB agrees that all construction contract change orders associated
with the South Bristol left -hand turning lane shall be approved by
the DIRECTOR in advance and prior to any work performed by the
contractor.
IV. PART 4 - AGREEMENT TO HOLD HARMLESS
A. OCDA
1. As a condition of the financial support furnished by OCDA pursuant
to this agreement, CNB agrees to indemnify, defend and save
harmless OCDA and the County of Orange, their officers and
employees from and against any and all claims, demands, losses,
defense costs, or liability of any kind or nature which may be
imposed upon them for injury to or death of persons or damages to
property as a result of, arising out of, or caused by CNB's
intentional or negligent acts or omissions in performance of this
Agreement.
2. As a condition of the financial support furnished by OCDA pursuant
to this agreement, CMSD agrees to indemnify, defend and save
harmless OCDA and the County of Orange, their officers and
employees from and against any and all claims, demands, losses,
defense costs, or liability of any kind or nature which may be
imposed upon them for injury to or death of persons or damages to
property as a result of, arising out of, or caused by CMSD's
intentional or negligent acts or omissions in performance of this
Agreement.
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3. That neither OCDA nor any officer or employee thereof shall be
responsible for any damage to liability occurring by reason of
anything done or omitted by CNB under this agreement. It is also
understood and agreed that, pursuant to Government Code Section
895.4 CNB shall fully indemnify, defend, and hold OCDA harmless
from any liability imposed for injury (as defined by Government
Code section 610.8), occurring by reason of anything done or
omitted to be done by CNB under this agreement.
4. That neither OCDA nor any officer or employee thereof shall be
responsible for any damage to liability occurring by reason of
anything done or omitted by CMSD under this agreement. It is also
understood and agreed that, pursuant to Government Code Section
895.4 CMSD shall fully indemnify, defend, and hold OCDA harmless
from any liability imposed for injury (as defined by Government
Code section 810.8), occurring by reason of anything done or
omitted to be done by CMSD under this agreement.
B. CNB AND CMSD
1. That neither CNB nor any officer or employee thereof shall be
responsible for any damage or liability by reason of anything done
to, omitted to be done by OCDA under or in connection with any
work, authority or jurisdiction not delegated to CNB under this
agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4 GCDA shall fully indemnify, defend,
and hold harmless CNB from any liability imposed for injury (as
defined by Government Code Section 810.6), occurring by reason of
anything done or omitted to be done by OCDA under this agreement.
2. That neither CMSD nor any officer or employee thereof shall be
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responsible for any damage or liability by reason of anything done
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to, omitted to be done by OCDA under or in connection with any
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work, authority or jurisdiction not delegated to CMSD under this
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agreement. It is also understood and agreed that, pursuant to
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Government Code Section 895.4 OCDA shall fully indemnify, defend,
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and hold harmless CMSD from any liability imposed for injury (as
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defined by Government Code Section 810.8), occurring by reason of
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anything done or omitted to be done by OCDA under this agreement.
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3. That neither CMSD nor any officer or employee thereof shall be
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responsible for any damage or liability by reason of anything done
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to, omitted to be done by CNB under or in connection with any
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work, authority or jurisdiction not delegated to CMSD under this
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agreement. It is also understood and agreed that, pursuant to
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Government Code Section 895.4 CNB shall fully indemnify, defend,
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and hold harmless from any liability imposed for injury (as
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defined by Government Code Section 810.8), occurring by reason of
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anything done or omitted to be done by CNB under this agreement.
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4. That neither CNB nor any officer or employee thereof shall be
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responsible for any damage or liability by reason of anything done
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to, omitted to be done by CMSD under or in connection with any
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work, authority or jurisdiction not delegated to CNB under this
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agreement. It is also understood and agreed that, pursuant to
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Government Code Section 895.4 CMSD shall fully indemnify, defend,
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and hold harmless from any liability imposed for injury (as
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defined by Government Code Section 810.8), occurring by reason of
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anything done or omitted to be done by CMSD under this agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be executed by their officers thereunto duly authorized on the date first
written above.
Dated:
V. 1997
Dated: /,.— /�) - '4'
Dated: k / 46-
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
PrEs
ORANGE COUNTY DEVELOPMENT AGENCY
By:
uxe-b� m.
Chairman
CITY OF NEWPORT BEACH
By:
By:
COSTA MESA SANITARY DISTRICT
By i "�'L'
James M. Ferryman, resident
Darlene J. Bloom, v
Clerk.. -of the. -Board of Supervisors
of Orange County, California
11
APPROVED AS TO FORM:
LAURENCE M. WATSON
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
Dated
S
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TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: BIRCH STREET OVERCROSSING (S.R. 73)
RECOMMENDATIONS:
. e -a y31
January 27, 1997
CITY COUNCIL AGENDA
ITEM NO. 9
6'Y THE CITY 1110: r;
CITY OF NEE`A P, �.;;
JAN 2 71997
1. Approve Cooperative Agreement No. 12 -308 with Caltrans for Oversight of the Birch
rS
Street Overcrossing (S.R. 73) Construction.
2. Authorize the Mayor and the City Clerk to execute the Agreement on behalf of the City.
DISCUSSION:
On February 12, 1996, the City Council approved Cooperative Agreement No. 12 -284 which
provided for their oversight of the Birch Street Overcrossing (bridge widening over the
Corona Del Mar Freeway) project design. Recital No. 11 on page 11 of that agreement
stipulated that oversight by Caltrans relative to construction of the project would be the
subject of a separate future agreement.
Design of the Birch Street Overcrossing is now substantially complete. Bidding of the
construction work is scheduled for April 1997, with actual construction operations expected to
begin in July 1997. Prior to the start of construction work, encroachment permits need to be
issued by Caltrans. A prerequisite to the issuance of the encroachment permits is that a
cooperative agreement between the City and Caltrans for construction oversight be entered
into by the two agencies.
Cooperative Agreement No. 12 -308 has been prepared to fulfill the above described
requirements. A summary of the key provisions follows:
A. CITY agrees to:
1. Advertise, award and administer the construction contract.
2. Be responsible for construction surveying, materials testing, quality control, and
adherence to contract plans and specifications through a Resident Engineer.
. 3. Fund 100% of the construction cost.
4. Make progress payments, prepare all accounting and provide as -built plans.
SUBJECT: BIRCH STREET OVERCOING (S.R. 73)
January 27, 1997
Page 2
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B. STATE agrees to:
1.,, lssuq,,encroachment permits at no cost to City and /or City's construction
contractor.
2. Provide personnel for construction oversight at Caltran's expense.
C. CITY and STATE mutually agree that:
1. Caltrans will accept maintenance responsibility for the bridge structure and the
Bristol Street North and south frontage roads between Campus Drive - Irvine
Avenue and Jamboree Road.
2. City will accept maintenance responsibility of the bridge deck surface.
3. City and Caltrans will continue to share the maintenance expense for the traffic
signals at Birch Street and Bristol North and Bristol South.
Cooperative Agreement No. 12 -308 is similar in form to other previous cooperative
agreements entered into between the City and Caltrans. The terms of the agreement are .
reasonable and fair, and staff recommends its approval.
Respectfully submitted,
0&
PUBLIC WORKS DEPARTMENT
Don Webb, Director
by:
Emmet Berkery /
Consultant Project Manager
•
013761
c --�? y3/
12- ORA -73 R5.5
Birch Street Overcrossing
Widening at Rte 73
12209 - 044501
District Agreement No. 12 -308
COOPERATIVE AGREEMENT
This AGREEMENT entered into on 7_11CC4,r �% , 19 9 I is
between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as STATE, and
CITY OF NEWPORT BEACH
a body politic and a municipal
corporation of the State of
California, referred to herein as
CITY
District Agreement No. 12 -308
RECITALS
(1) STATE and CITY, pursuant to Streets and Highways Code Section
130, are authorized to enter into a Cooperative Agreement for
improvements to State highway within CITY.
(2) CITY desires to construct State highway improvements
consisting of overcrossing widening and modifications to
Bristol Street frontage roads on Route 73 at Birch Street,
referred to herein as PROJECT, and is willing to fund one
hundred percent (100 %) of all capital outlay and staffing
costs, except that costs of STATE's oversight of construction
activities will be borne by STATE.
(3) CITY desires to prepare the contract documents and advertise,
award and administer the construction contract for PROJECT in
order to bring about the earliest possible completion of
PROJECT.
(4) STATE is agreeable to CITY's proposal to prepare the contract
documents and advertise, award and administer the
construction contract for PROJECT.
(5) The parties hereto intend to define herein the terms and
conditions under which PROJECT is to be constructed, financed
and maintained.
(6) Project development responsibilities for PROJECT were covered
in a prior District Cooperative Agreement No. 12 -284 executed
by STATE and CITY on April 16th , 1996 Document No. 13807.
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District Agreement No. 12 -308
SECTION I
CITY AGREES:
(1) To advertise, award and administer the construction contract
for PROJECT in accordance with requirements of the Local
Agency Public Construction Act and the California Labor Code,
including its prevailing wage provisions. Workers employed
in the performance of work contracted by the CITY, and /or
performed under encroachment permit, are covered by
provisions of the Labor Code in the same manner as are
workers employed by STATE's Contractors. CITY shall obtain
applicable wage rates from the State Department of Industrial
Relations and shall adhere to the applicable provisions of
the State Labor Code. Violations shall be reported to the
State Department of Industrial Relations.
(2) To apply for necessary encroachment permits for required work
within State highway rights of way, in accordance with
STATE's standard permit procedures, as more specifically
defined in Articles (2), (3), (4), (5) and (6) of Section III
of this Agreement.
(3) To require that the construction contractor furnish both a
payment and performance bond in CITY name with both bonds
complying with the requirements set forth in section 3 -1.02
of STATE's current Standard Specifications.
(4) To construct PROJECT in accordance with plans and
specifications of City to the satisfaction of and subject to
the approval of STATE.
(5) Contract Administration procedures shall conform to the
requirements set forth in STATE's Construction Manual, Local
Assistance Procedures Manual and the Encroachment permit for
construction of PROJECT.
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District Agreement No. 12 -308
(6) Construction within the existing or ultimate STATE right of
way shall comply with the requirements in STATE's Standard
Specifications and PROJECT Special Provisions, and in
conformance with methods and practices specified in STATE'S
Construction Manual.
(7) If CITY uses own staff to perform surveys, such surveys shall
conform to the methods, procedures, and requirement of STATE's
Surveys Manual and STATE's Staking Information Booklet.
(8) Material testing and quality control shall conform to the
State Construction Manual and the State Material Testing
Manual, and be performed, at CITY expense, by a certified
material tester acceptable to the STATE. Independent
assurance testing, specialty testing, and off -site source
inspection and testing shall be performed by STATE, at no cost
to CITY except as noted herein. CITY shall reimburse STATE
for any additional travel expenses incurred by STATE for off -
site inspection and testing performed by STATE which is more
than 300 airline miles from both Sacramento and Los Angeles.
Approval of the type of asphalt and concrete plants shall be
by STATE, at STATE expense.
(9) To furnish, at CITY expense and subject to approval of STATE,
a field site representative who is a licensed Civil Engineer
in the State of California, to perform the functions of a
Resident Engineer. If the PROJECT plans and specifications
were prepared by a private engineering company, the Resident
Engineer shall not be an employee of that company. The
Resident Engineer shall also be independent of the
construction contractor.
(10) To pay one hundred percent (100 %) of the actual costs of
construction required for satisfactory completion of PROJECT,
including changes pursuant to contract change orders concurred
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District Agreement No. 12 -308
with by the STATE representative and any "State Furnished
Material ".
(11) At CITY expense, to furnish qualified support staff, subject
to approval of STATE, to assist the Resident Engineer in, but
not limited to, construction surveys, soils and foundation
tests, measurement and computation of quantities, testing of
construction materials, checking shop drawings, preparation of
estimates and reports, preparation of As -built drawings, and
other inspection and staff services necessary to assure that
the construction is being performed in accordance with the
plans and specifications. Said qualified support staff shall
be independent of the design engineering company and
construction contractor, except that the PROJECT designer may
check the shop drawings, do soils foundation tests, test
construction materials, and do construction surveys.
(12) To make progress payments to the contractor using CITY funds
and pay all costs for required staff services as described in
Article (9) and (11) of this Section I. The STATE
representative shall review all contract progress pay
schedules. STATE does not assume responsibility for accuracy
of itemization on progress pay schedules.
(13) Within sixty (60) days following the completion and acceptance
of the PROJECT construction contract, to furnish STATE a
complete set of acceptable full -sized film positive
reproducible As -Built plans and all contract records,
including survey documents and microfilm copy of all structure
plans.
(14) Upon completion of work under this Agreement, CITY will assume
maintenance and the expense thereof for any part of PROJECT
located outside of current STATE right of way until acceptance
of any such part of PROJECT into the STATE highway system by
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District Agreement No. 12 -308
STATE, approval by the Federal Highway Administration, if
required, and conveyance of acceptable title to STATE.
(15) If CITY terminates PROJECT prior to completion of the
construction contract for PROJECT, STATE may require CITY, at
CITY's expense, to return right of way to its original
condition or to a condition of acceptable permanent operation.
I£ CITY fails to do so, STATE reserves the right to finish
PROJECT or place PROJECT in satisfactory permanent operation
condition. STATE will bill CITY for all actual expenses
incurred and CITY agrees to pay said expenses within thirty
(30) days or STATE, acting through the State Controller, may
withhold an equal amount from future apportionments due CITY
from the Highway User Tax Fund.
(16) To be responsible, at CITY expense, for the investigation and
remediation of any potential hazardous waste and /or
underground tanks encountered during construction of project
outside the existing state highway right of way.
SECTION II
STATE AGREES
(1) To issue at no cost to CITY and CITY's contractor, upon
proper application by CITY and by CITY's contractor, the
necessary encroachment permits for required work within State
highway right of way, as more specifically defined in Article
(2), (3), (4), (5) and (6) of Section III of this Agreement.
(2) To provide, at no cost to CITY, a qualified STATE
representative who shall have authority to accept or reject
work and materials or to order any actions needed for public
safety or preservation of property and to assure compliance
with all provisions of the encroachment permit(s) issued to
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District Agreement No. 12 -308
CITY and CITY's contractor.
(3) To provide, at CITY expense, any "State- furnished material"
as shown on the plans for PROJECT and as provided in the
Special Provisions for PROJECT.
(4) To be responsible, at STATE expense, for the investigation
and remediation of potential hazardous waste and /or
underground tanks encountered during construction of project
within existing state highway right of way, if it is
determined that source of contamination is within the
existing state highway right of way and that the
contamination represents a threat to public health or
environment regardless of being disturbed or not. CITY
intends to perform the investigation and any necessary
remediation for STATE and STATE will reimburse CITY for
actual cost incurred by CITY in satisfactory performance of
such work. CITY shall comply with appropriate regulatory
agencies requirements and obtain STATE's approval prior to
performance of any remediation work.
SECTION III
IT IS MUTUALLY AGREED:
(1) All obligations of STATE under the terms of this Agreement
are subject to the appropriation of resources by the
Legislature and the allocation of resources by the California
Transportation Commission.
(2) Construction by CITY of improvements referred to herein which
lie within STATE highway rights of way or affect STATE
facilities, shall not be commenced until CITY's original
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District Agreement No. 12 -308
contract plans involving such work and plan for utility
reallocations have been reviewed and approved by signature of
STATE's District Director of Transportation, or the District
Director's delegated agent, and until an encroachment permit
to CITY authorizing such work has been issued by STATE.
(3) CITY shall obtain aforesaid encroachment permit through the
office of State District Permit Engineer and CITY's
application shall be accompanied by seven (7) sets of reduced
construction plans of aforesaid STATE approved contract
plans. Receipt by CITY of the approved encroachment permit
shall constitute CITY's authorization from STATE to proceed
with work to be performed by CITY or CITY's representatives
within proposed STATE rights of way or which affects STATE
facilities, pursuant to work covered by this Agreement.
CITY's authorization to proceed with said work shall be
contingent upon CITY's compliance with all provisions set
forth in this Agreement and said encroachment permit.
(4) CITY's construction contractor shall also be required to
obtain an encroachment permit from STATE prior to commencing
any work within STATE rights of way or which affects STATE
facilities. The application by CITY's contractor for said
encroachment permit shall be made through the office of State
District Permit Engineer and shall include proof said
contractor has payment performance surety bonds covering
construction of PROJECT.
(5) CITY shall provide a right of way certification prior to
granting of said encroachment permit by STATE, to certify
that legal and physical control of rights of way were
acquired in accordance with applicable State and Federal laws
and regulations.
VA
District Agreement No. 12 -308
(6) CITY's construction contractor shall maintain in force, until
completion and acceptance of the PROJECT construction
contract, a policy of Contractual Liability insurance,
including coverage of Bodily Injury Liability and Property
Damage Liability in accordance with Section 7 -1.12 of State
Standard Specifications. Such policy shall contain an
additional insured endorsement naming STATE, its officers,
agents and employees as additional insured. Coverage shall
be evidenced by a Certificate of insurance in a form
satisfactory to STATE which shall be delivered to STATE
before the issuance of an encroachment permit to CITY
contractor.
(7) Prior to award of the construction contract for PROJECT, CITY
may terminate this Agreement by written notice.
(8) In construction of said PROJECT, representatives of CITY and
STATE will cooperate and consult, and all work pursuant to
PROJECT shall be accomplished according to approved plans
specifications and applicable STATE standards. Satisfaction
of these requirement shall be verified by the STATE
representative. The STATE representative is authorized to
enter CITY's property during construction for the purpose of
monitoring and coordinating construction activities.
(9) Changes to PROJECT plans and specifications shall be
implemented by contract change orders reviewed and concurred
with the STATE representative. All changes affecting public
safety or public convenience, all design and specification
changes, and all major changes as defined in STATE's
Construction Manual shall be approved by STATE in advance of
performing the work. Unless otherwise directed by the STATE
representative, changes authorized as provided herein will not
require an encroachment permit rider. All changes shall be
shown on the As -Built plans referred to the Section I, Article
91
•
District Agreement No. 12 -308
(13) of this Agreement.
(10) CITY shall provide a claims process acceptable to STATE and
process any and all claims through CITY's claim process. The
STATE representative will be made available to CITY to provide
advice and technical input in any claim process.
(11) If any existing public and /or private utility facilities
conflict with PROJECT construction or violate STATE's
encroachment policy, CITY shall make all necessary
arrangements with the owners of such facilities for their
protection, relocation or removal in accordance with the STATE
policy and procedure for those facilities located within the
limits of work providing for the improvement of the State
highway and in accordance with the CITY policy for those
facilities located outside of the limits of work for the State
highway. Total costs of such protection, relocation or
removal shall be determined in accordance with STATE policy
and procedure. CITY shall require any utility owner and /or
its contractors performing relocation work in STATE's right of
way to obtain a STATE encroachment permit prior to the
performance of said relocation work. Any relocated or new
facilities shall be correctly shown and identified on the As-
Built plans referred to in Section I, Article (13) of this
Agreement.
(12) If any unforeseen potential hazardous waste sites are
encountered during construction of PROJECT, STATE and CITY
shall meet and confer on a course of action. The
responsibilities and costs for any action shall be covered by
amendment to this Agreement.
(13) Pursuant to the authority contained in Section 591 of the
Vehicle code, STATE has determined that within such area as
are within the limits of PROJECT and are open to public
e7
0 0
District Agreement No. 12 -308
traffic, CITY shall comply with all of the requirements set
forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code.
CITY shall take all necessary precautions for safe operation
of CITY's vehicles, the construction contractor's equipment
and vehicles and /or vehicles of personnel retained by CITY and
for protection of the traveling public form injury and damage
from such vehicles or equipment.
(14) Upon completion and acceptance of the PROJECT construction
contract by CITY to the satisfaction of the STATE
representative and subsequent to the execution of a
maintenance agreement, STATE will accept control and maintain,
at its own cost and expense, those portions of PROJECT lying
within STATE's right of way, including both the Bristol Street
North and Bristol Street South frontage roads between the
intersections of Campus Drive /Irvine Avenue and Jamboree Road.
STATE will maintain at STATE expense, the entire structure
below the surface of any CITY local road overcrossing.
(15) CITY will accept control and maintain, at its own cost and
expense, the portions of PROJECT lying outside STATE's right
of way. Also, CITY will maintain, at CITY expense, the
remaining portions of any local road overcrossing structures
including the deck surface and above.
(16) STATE will maintain the traffic control system and safety
lighting as installed and pay an amount equal to 50% of the
total maintenance costs, including electrical energy costs.
CITY shall reimburse STATE for CITY's proportionate share of
said maintenance costs, such shares to be as follows:
a. Fifty percent (50 %) of the total maintenance costs,
including electrical energy costs at the
intersection of Birch Street and Bristol Street
North, and
f[7
0
District Agreement No. 12 -308
b. Twenty -five percent (25 %) of the total maintenance
costs, including electric energy costs, at the
intersection of Birch Street and Bristol Street
South. The remainder Twenty -five percent (25 %) of
the total maintenance costs, including electric
energy costs, shall be reimbursed by County of
Orange.
(17) Upon completion of all work under this Agreement, ownership
and title to materials, equipment and appurtenances installed
within STATE's right of way will automatically be vested in
STATE, and materials, equipment and appurtenances installed
outside of STATE's right of way will automatically be vested
in CITY. No further agreement will be necessary to transfer
ownership as hereinabove stated.
(18) Nothing in the provision of this Agreement is intended to
create duties or obligations to or rights in third parties not
parties to this Agreement or affect the legal liability of
either party to the Agreement by imposing any standard of care
with respect to the maintenance of State highways different
from the standard of care imposed by law.
(19) Neither STATE nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated
to CITY under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895.4, CITY shall
fully defend, indemnify and save harmless the State of
California, all officers and employees from all claims, suits
or actions of every name, kind and description brought for or
on account of injury (as defined in Government Code Section
810.8) occurring by reason of anything done or omitted to be
done by CITY under or in connection with any work, authority
11
District Agreement No. 12 -308
or jurisdiction delegated to CITY under this Agreement.
(20) Neither CITY nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction delegated
to STATE under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895.4, STATE shall
fully defend, indemnify and save harmless CITY from all
claims, suits or actions of every name, kind and description
brought for or on account of injury (as defined in Government
Code Section 810.8) occurring by reason of anything done or
omitted to be done by STATE under or in connection with any
work, authority or jurisdiction delegated to STATE under this
Agreement.
(21) No alternation or variation of the terms of this Agreement
shall be valid unless made in written and signed by the
parties hereto and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties
hereto.
(22) Those portions of this Agreement pertaining to the
construction of PROJECT shall terminate upon completion and
acceptance of the construction contract for PROJECT by CITY
with concurrence of STATE, or on June 15, 1999, whichever is
earlier in time; however, the ownership, operation,
maintenance, liability, and claims clauses shall remain in
effect until terminated or modified in writing by mutual
agreement.
(23) If any unforeseen potential hazardous waste and /or underground
tanks are encountered during construction of PROJECT, CITY
shall be responsible, at CITY's expense, for the investigation
and remediation. STATE shall reimburse CITY for the cost if
12
- r•
District Agreement No. 12 -308
the following conditions are met: the hazardous waste and /or
underground tanks are within existing STATE's right of way,
the source of contamination presents a threat to public health
or the environment regardless of being disturbed or not. If
STATE's cost to mitigate is increased due to PROJECT, the
additional cost shall be borne by CITY.
i[93
013751
District Agreement No. 12 -308
IN WITNESS WHEREOF, the parties have executed this Cooperative Agreement
by duly authorized officers.
STATE OF CALIFORNIA
Department of Transportation
JAMES W. van LOBEN SELS
Director of Transportation
BY:- C�
WALT H. HAGEN
District Division Chief
Design /Construction
CITY OF NEWPORT BEACH
BY:
Approved as to Form and Procedure
JCL4
Attor
Department of Transportation
Certified as to Form and Procedure
r
Accou ti Administrator
Certified as to funds
ti
'r/ Lstrict udget Manager
14
Mayor
City Clerk
Approvelld as to Form and Procedure
l
City Attorney
0 6
District Agreement No. 12 -308
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility for
various project development activities for the proposed State highway
improvements consisting of overcrossing widening and modifications to
Bristol Street frontage roads on Route 73 at Birch Street, Newport Beach.
CITY will be the Lead Agency for CEQA and STATE will be the State Lead
Agency for NEPA 'The Federal Highway Administration (FHWA) will be the
Federal Lead Agency for NEPA. CITY will prepare the Environmental
Document(s) (ED) to meet the requirements of CEQA and NEPA The draft
and final ED will require STATE review and approval prior to public
circulation. CITY will provide all data for and prepare drafts of the
Project Report (PR) and the Project Approval Report (PAR). STATE will
review and process the reports and request approval of the PROJECT and
ED by the FHWA CITY will be responsible for the public hearing
process.
2. CITY will provide the necessary environmental clearance for this
project. CITY will perform all studies to document the Categorical
Exemption/ Categorical Exclusion (CE /CE) determination. STATE will sign
the CE /CE determination sheet. If, during preliminary engineering or
preparation of the PS &E, new information is obtained which requires
the preparation of an environmental clearance document, this Agreement
will be amended to include completion of these additional tasks by
CITY.
CITY and STATE concur that the proposal is a Category as defined in
STATE's Project Development Procedures Manual. CITY will submit drafts
of environmental technical reports and individual sections of the
draft environmental documents to STATE, as they are developed, for
review and comment. Traffic counts and projections to be used in the
various reports shall be supplied by STATE if available, or by CITY.
Existing traffic data shall be furnished by CITY .
4. STATE will review, monitor, and approve all project development
reports, studies, and plans, and provide all necessary implementation
activities up to but not including advertising of PROJECT.
The existing freeway agreement need not be revised.
15
•
•
L
TO: Mayor and Members of City Council
FROM: Public Works Department
February 12, 1996
CITY COUNCIL AGENDA
ITEM NO. 9
2:
SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT NO. 12 -284 WITH
CALTRANS FOR DESIGN OVERSIGHT OF BIRCH STREET WIDENING
OVERCROSSING - CONTRACT NO. 2931(B)
RECOMMENDATIONS:
1. Approve Cooperative Agreement No. 12 -284 with Caltrans for oversight of the design of
the Birch Street Bridge Widening Overcrossing of State Route 73.
2. Authorize the Mayor and the City Clerk to sign the Cooperative Agreement on behalf of
the City.
DISCUSSION:
A combined Project Study Report and Project Report (PSR/PR) has been prepared for the
Widening of the Birch Street Bridge Overcrossing State Route 73. An exhibit showing the project
location is attached for reference. The PSR/PR was prepared by Willdan Associates under a
Consultant Agreement with the City and has been substantially completed to the satisfaction of
Caltrans.
The City's F.Y. 1995 -96 budget includes funds for design and construction of this project. A
related agenda report recommending approval of a Consultant Agreement with Willdan
Associates to prepare final design for the project is included in the February 12, 1996, agenda.
Construction of the project is now scheduled for F.Y. 1996 -97 due to the one year deferral of
funding contributions under the Orange County Combined Transportation Funding Program
(OCCTFP).
In order to be ready to advertise for competitive bids and award a construction contract during
F.Y. 1996 -97, it is appropriate to begin final design work now. The bridge widening work and
• related improvements to the Bristol Street frontage roads are within Caltrans right -of -way and,
therefore, subject to their jurisdiction. The estimated cost of the improvements within Caltrans
right -of -way is $1.4 million which is in excess of the $1.0 million limit for the work to be handled by
an encroachment permit only. As a consequence, entering into a Cooperative Agreement with
Caltrans for their oversight of the City - sponsored final design is the standard procedure when the
estimated cost of the project exceeds $1.0 million, as it does in this case.
i' ;
SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT NO. 12 -248 WITH CALTRANS FOR DESIGN
OVERSIGHT OF BIRCH STREET WIDENING OVERCROSSING - CONTRACT NO. 2931(8)
February 12, 1996
Page 2
•
Cooperative Agreement No. 12 -284 has been prepared by Caltrans relative to the Birch Bridge
Widening project. Staff has reviewed the Agreement and recommends its approval. Any costs
that either the City or Caltrans may incur as a result of implementing or complying with the
Agreement are to be borne by the respective parties. Approval and execution of Cooperative
Agreement No. 12 -284 will establish the framework for the City's consultant to process final
design plans, specifications and estimates with Caltrans staff.
A similar cooperative agreement with Caltrans will be entered into for oversight during
construction when final design is complete.
Respectfully subm' e
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By:
Gail Pickart
Project Management Consultant
Attachments
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12- ORA -73 R5.5
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Birch Street Overcrossing
Widening On Route 73
District Agreement No. 12 -284
• 93
•
This AGREEMENT entered into on , 19 is •
between the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as STATE, and
CITY OF NEWPORT BEACH
a body politic and a municipal
corporation of the State of
California, referred to herein as
CITY
12- ORA -73 R5.5
12208 - 04450K
Birch Street Overcrossing
Widening On Route 73
District Agreement No. 12 -284
ON) PJAMAN 6 V1 PEUM 14 51 u
This AGREEMENT entered into on & H' l 101 19q0 is
between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as STATE, and
CITY OF NEWPORT BEACH
a body politic and a municipal
corporation of the State of
California, referred to herein as
CITY
e�
Distri• Agreement No. 12 -284
(1) . STATE and CITY. pursuant to Streets and Highways Code Section 130,
are authorized to enter into a Cooperative Agreement for improvements
to State highway within CITY.
(2). CITY desires to construct State highway improvements consisting of
overcrossing widening and modifications to Bristol Street frontage
roads on Route 73 at Birch Street, Newport Beach, referred to herein
as PROJECT, and is willing to fund one hundred percent (1000) of all
capital outlay and staffing costs, except for costs of STATE's
oversight of environmental, design and right of way activities.
(3). This Agreement supersedes any prior Memorandum of Understanding (MOU)
relating to PROJECT.
(4). Construction of said PROJECT will be the subject of a separate future
Agreement.
(5). The parties hereto intend to define herein the terms and conditions
under which PROJECT is to be developed, designed, and financed.
1
• Distrilp Agreement No. 12 -284
SECTION I
(1). To fund one hundred percent (10096) of all preliminary and design
engineering costs, including, but not limited to, costs for
preparation of contract documents and advertising and awarding the
PROJECT construction contract.
(2). To have a Project Report (PR), Environmental Document (ED), and
detailed Plans, Specifications and Estimate (PS&E) prepared at no
cost to STATE and to submit each to STATE for review and approval at
appropriate stages of development. Project Report, final plans and
standard special provisions shall be signed by a Civil Engineer
registered in the State of Californ ia.
(3). To permit STATE to monitor and participate in the selection of
personnel who will prepare the PR, conduct environmental studies and
obtain the environmental clearance, prepare the PS&E, provide the
right of way engineering services, and perform right of way
activities. CITY agrees to consider any request by STATE to
discontinue the services of any personnel considered by STATE to be
unqualified on the basis of credentials, professional expertise,
failure to perform in accordance with scope of work and /or other
pertinent criteria.
ON
(4)
(5)
(6)
(7)
(8)
• Distrip Agreement No. 12 -284
Personnel who prepare the PS&E and right of way maps shall be
available to STATE, at no cost to STATE, through completion of
construction of PROJECT to discuss problems which may arise during
construction and /or to make design revisions for contract change
orders.
To make written application to STATE for necessary encroachment
permits authorizing entry onto STATE's right of way to perform
surveying and other investigative activities required for preparation
of the PR, ED and /or PS&E.
To identify and locate all utility facilities within the PROJECT area
as part of its PROJECT design responsibility. All utility facilities
not relocated or removed in advance of construction shall be
identified on the PROJECT plans and specifications.
To identify and locate all high and low risk underground facilities
within the PROJECT area and to protect or otherwise provide for such
facilities, all in accordance with STATE's "Manual on High and Low
MM .• : • •
hereby acknowledges receipt of STATE's "Manual on High and Low Risk
If any existing public and /or private utility facilities conflict
with PROJECT construction or violate STATE's encroachment policy,
9
•
Distrif Agreement
No.
12 -284
CITY shall make all
necessary arrangements with the owners
of
such
facilities for their protection, relocation or removal in accordance
with STATE policy and procedure for those facilities located within
the limits of work, providing for the improvement to the State
highway and in accordance with CITY policy for those facilities
located outside of the limits of work for the State highway. Total
costs of such protection, relocation or removal shall be in
accordance with STATE policy and procedure.
(9) . To furnish evidence to STATE, in a form acceptable to STATE, that
arrangements have been made for the protection, relocation, or
removal of all conflicting facilities within STATE's right of way and
that such work will be completed prior to the award of the contract
to construct PROJECT or as covered in the Special Provisions for said
contract. This evidence shall include a reference to all required
State highway encroachment permits.
(10) . CITY shall require the utility owner and /or its contractors
performing the relocation work within STATE's right of way to obtain
a STATE encroachment permit prior to the performance of said
relocation work.
(11) . To perform all right of way activities, including all eminent domain
activities, if necessary, at no cost to STATE, in accordance with
V.
• Distrif Agreement No. 12 -284
procedures acceptable to STATE, and in compliance with all applicable
State and Federal laws and regulations, subject to STATE oversight to
insure that the completed work is acceptable for incorporation into
the State highway right of way.
(12). To utilize the services of a qualified public agency in all right of
way acquisition related matters in accordance with STATE procedures
as contained in Right of Way Procedural Handbook. Whenever personnel
cther than personnel of a qualified public agency are utilized,
administration of the personnel contract shall be performed by a
qualified Right of Way person employed or retained by CITY.
(13). To certify legal and physical control of right of way ready for
construction and that all right of way was acquired in accordance
with applicable State and Federal laws and regulations subject to
review and concurrence by STATE prior to the advertisement for bids
for construction of PROJECT.
(14) . `Cc deliver to STATE legal title to the right of way, free and clear
of all encumbrances detrimental to STATE' s present and future uses
not later than the date of acceptance by STATE of maintenance and
operation of the highway facility. Acceptance of said title by STATE
is subject to a review of a Policy of Title Insurance in STATE's name
to be provided and paid for by CITY.
5
Distric'p Agreement No. 12 -284
(15). To be responsible, at CITY expense, for the investigation and
remediation of potential hazardous waste sites outside of the
existing State highway right of way that would impact PROJECT. CITY
is also responsible for lead testing in soil from vehicle emissions
in unpaved areas required for construction, within the State right of
way.
(16). If CITY desires to have STATE advertise, award and administer the
construction contract for PROJECT, CITY shall provide all plans
prepared by CITY or CITY's consultant on 8 millimeter magnetic tape,
2.3 GB or 5.0 GB capacity compatible with Microstation Release 5.0
dgn,2 -D files in HP /UNIX version 9.03 TAR or CHO format. All Cadd
submittals must be displayed, manipulated and plotted on a HP 700
Series workstation using Microstation version 5.0 and Zeh version 2.0
plotting software and must utilize Caltrans standard font library,
pen table and cell library. One copy of the data on the magnetic
tape, including the Engineers electronic signature and seal, shall
be provided to STATE upon completion of the final PS&E for PROJECT.
STATE reserves the right to modify its magnetic tape requirements and
STATE shall provide CITY advance written notice of any such
modifications.
9
Distri4cp Agreement No. 12 -284
(1) . To provide, at no cost to CITY, oversight of PROJECT and to provide
prompt reviews and approvals, as appropriate, of submittals by CITY,
and to cooperate in timely processing of PROJECT.
(2). To provide, at no cost to CITY, oversight of all right of way
activities undertaken by CITY, or its designee, pursuant to this
Agreement.
(3). To issue, at no cost to CITY, upon proper application by CITY, an
encroachment permit to CITY authorizing entry onto STATE's right of
way to perform survey and other investigative activities required for
preparation of the PR, ID and /or PS&E. If CITY uses consultants
rather than its own staff to perform required work, the consultants
will also be required to obtain an encroachment permit. The permit
will be issued at no cost upon proper application by the consultants.
(4). To be responsible, at STATE expense, for the investigation and
remediation of potential hazardous waste within the existing State
highway right of way that would impact PROJECT, if it determined that
the source of contamination is within the existing State highway
right of way and that the contamination presents a threat to public
7
Distrif Agreement No. 12 -284
health or the environment regardless of being disturbed or not. CITY
intends to perform the investigation and any necessary remediation
for STATE and STATE will reimburse CITY for actual costs incurred by
CITY in satisfactory performance of such work. CITY shall comply
with appropriate regulatory agencies requirements and obtain STATE's
approval prior to performance of any remediation work within existing
State highway right of way.
RuMoMOLIA
(1) . All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and the
allocation of resources by the California Transportation Commission.
(2). The parties hereto will carry out PROJECT in accordance with the
Scope of Work, attached and made a part of this Agreement, which
outlines the specific responsibilities of the parties hereto. The
attached Scope of Work may in the future be modified in writing to
reflect changes in the responsibilities of the respective parties.
Such modifications shall be concurred with by CITY's Director of
Public Works or other official designated by CITY and STATE's
E]
• Distrit Agreement No. 12 -284
District Director for District 12 and become a part of this Agreement
after execution by the respective officials of the parties.
hFAIL 1411,1Rb
(3). The Project Study Report (PSR) for PROJECT approved on (date) , by
this reference, shall become part of this Agreement.
(4). The basic design features (as defined in Attachment 3 of the Scope of
Work for PROJECT) shall comply with those addressed in the approved
PSR, unless modified as required for environmental clearance and /or
FHWA approval of PROJECT.
(5). The design, right of way acquisition, and preparation of
environmental documents for PROJECT shall be performed in accordance
with STATE standards and practices current as of the date of
execution of this Agreement. Any exception to applicable design
standards shall be approved by STATE via the processes outlined In
STATE's Highway Design Manual and appropriate memorandums and design
bulletins published by STATE. In the event that STATE proposes and /or
requires a change in design standards, implementation of new or
revised design standards shall be done in accordance with STATE's
memorandum "Effective Date for Implementing Revisions to Design
Standards ", dated February 8, 1991. STATE shall consult with CITY in
a timely manner regarding effect of proposed and /or required changes
on PROJECT.
7
Distrif Agreement No. 12 -284
(6). CITY's share of all changes in development and construction costs
associated with modifications to the basic design features as
described above shall be in the same proportion as described in this
Agreement, unless mutually agreed by STATE and CITY in a subsequent
amendment to this Agreement.
(7). If a finding is made that Federal and State regulations do not
require mitigation of contaminated material in its present condition
within the existing State highway right of way, CITY shall be
responsible, at CITY expense, for any remedial action required as a
result of proceeding with PROJECT. Locations subject to cleanup
include utility relocation work required for PROJECT.
(8). If Federal and State regulations indicate contaminated material
within the existing State highway right of way presents a threat to
public health or the environment, regardless of whether it is
disturbed or not, STATE shall be responsible for the cleanup. at
STATE expense. IF STATE's cost to mitigate is increased due to
PROJECT, the additional cost shall be borne by CITY.
(9) . The party responsible for funding the cleanup shall be responsible
for the development of the necessary mitigation and remedial plans
and designs. Remedial actions proposed by CITY shall be approved by
IM
• Distrif Agreement No. 12 -284
STATE and shall be performed in accordance with standards and
practices of STATE and other Federal and State regulatory agencies.
(10) . CITY shall provide a right of way certification prior to the granting
of said encroachment permit by STATE, to certify that legal and
physical control of rights of way were acquired in accordance with
applicable State and Federal law and regulation.
(11) . A separate Cooperative Agreement will be required to cover
responsibilities and funding for the PROJECT construction phase.
(12) . Nothing in the provisions of this Agreement is intended to create
duties or obligations to or rights in third parties not parties to
this Agreement or affect the legal liability of either party to the
Agreement by imposing any standard of care with respect to the
maintenance of State highways different from the standard of care
imposed by law.
(13). Neither STATE nor any officer or employee thereof is responsible for
any damage or liability occurring by reason of anything done or
omitted to be done by CITY under or in connection with any work,
authority or jurisdiction delegated to CITY under this Agreement. It
is understood and agreed that, pursuant to Government Code Section
895.4, CITY shall fully defend, indemnify and save harmless the State
of California, all officers and employees from all claims, suits or
11
• Distrilp Agreement No. 12 -284
actions of every name, kind and description brought for or on account
of injury (as defined in Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY
under this Agreement.
(14). Neither CITY nor any officer or employee thereof is responsible for
any damage or liability occurring by reason of anything done or
omitted to be done by STATE under or in connection with any work,
authority or jurisdiction delegated to STATE under this Agreement. It
is understood and agreed that, pursuant to Government Code Section
895.4, STATE shall fully defend, indemnify and save harmless CITY
from all claims, suits or actions of every name, kind and description
brought for or on account of injury (as defined in Government Code
Section 810.8) occurring by reason of anything done or omitted to be
done by STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement.
(15). This Agreement may be terminated or provisions contained herein may
be altered, changed, or amended by mutual consent of the parties
hereto.
(16). Except as otherwise provided in Article (15) above, this Agreement
shall terminate upon completion and acceptance of the construction
12
• Distrilp Agreement No. 12 -284
contract for PROJECT or on June 30,1998, whichever is earlier in
time.
This Scope of Work outlines the specific areas of responsibility for various
project development activities for the proposed Birch Street Overcrossing
widening.
(1) . CITY will be the Lead Agency for CEQA and STATE will be the State
Lead Agency for NEPA. The Federal Highway Administration (FHWA) will
be the Federal Lead Agency for NEPA. CITY will prepare the
Environmental Document(s) (ED) to meet the requirements of CEQA and
NEPA The draft and final ED will require STATE review and approval
prior to public circulation. CITY will provide all data for and
prepare drafts of the Project Report (PR) and the Project Approval
Report (PAR) . STATE will review and process the reports and request
approval of the PROJECT and ED by the FHWA, CITY will be responsible
for the public hearing process.
(2). CITY will provide the necessary environmental clearance for this
project. CITY will perform all studies to document the Categorical
Exemption /Categorical Exclusion (CE /CE) determination. STATE will
13
• Distriv Agreement No. 12 -284
sign the CE /CE determination sheet. If, during preliminary
engineering or preparation of the PS&E, new information is obtained
which requires the preparation of an environmental clearance
document, this Agreement will be amended to include completion of
these additional tasks by CITY.
(3). CITY and STATE concur that the proposal is a Category 5 as defined in
STATE's Project Development Procedures Manual.
(4). CITY will submit drafts of environmental technical reports and
individual sections of the draft environmental documents to STATE, as
they are developed, for review and comment. Traffic counts and
projections to be used in the various reports shall be supplied by
STATE if available, or by CITY. Existing traffic data shall be
furnished by CITY.
(5). STATE will review, monitor, and approve all project development
reports, studies, and plans, and provide all necessary implementation
activities up to but not including advertising of PROJECT.
(6). The existing freeway agreement need not be revised.
(7). All phases of PROJECT, from inception through construction whether
done by CITY or STATE will be developed in accordance with policies,
14
Distrilp Agreement No. 12 -284
procedures, practices, and standards that STATE would normally
follow.
(8). Detailed steps in the project development process are attached to
this Scope of Work. These attachments are intended as a guide to
STATE and CITY staff.
15
• Distrilp, Agreement No. 12 -284
STATE OF CALIFORNIA
Department of Transportation
JAMES W. van LOBEN SELS
Director of Transportation
BY:
WALT -HEN �-
District Division Chief
Design
Approved as to Form and Procedure
\�O � D00
Atto ey
Depar ent of Transportation
Certified as to Form and Procedure
Acc unt'ng Administrator
Certified as to funds
District Budget Manager
10
CITY OF NEWPORT BEACH
BY: : � j
Mayor
Attest
Approved as to Form and Procedure
City Attlorney
\`N
M IS
• Distrif Agreement No. 12 -284
ATTACHMENT 1
PLANNING PHASE ACTIVITIES
RESPONSIBILIIY
STATE CITY
PROJECT ACTIVITY
1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION
Establish Project Development Team (PDT) X X
Approve PDT X
Project Category Determination X
Prepare Preliminary Environmental Assessment X
Identify Preliminary Alternatives and Costs X
Prepare and Submit Environmental Studies and Reports X
Review and Approve Environmental Studies and Reports X
Prepare and Submit Draft Environmental Document (DED) X
Review DED in District X
2. PROJECT GEOMETRICS DEVELOPMENT
Prepare Future Traffic Analysis X
Prepare Future Traffic Volumes for Alternatives X
Prepare Project Geometrics and Profiles X
Prepare Layouts and Estimates for Alternatives X
Prepare Operational Analysis for Alternatives X
Review and Approve Project Geometrics and Operational Analysis X
3. PROJECT APPROVAL
Lead Agency for Environment Clearance Certifies
ED in Accordance with its Procedures X X
Prepare Draft Project Report (DPR) X
Finalize and Submit Project Report with Certified ED for X
Approval
Approve Project Report X
17
• Distrit Agreement No. 12 -284
ATTAC[IIV1ENT 2
DESIGN PHASE ACTIVITIES
PROJECT ACTIVITY
1. PRELIMIARY COORDINATION
Request 1- Phase EA
Field Review of Site
Provide Geometrics
Approve Geometrics
Obtain Surveys : Aerial Mapping
Obtain Copies of Assessor Maps and Other R/W Maps
Obtain Copies of As- Builts
Send Approved Geometrics to Local Agencies for Review
Revise Approved Geometrics if Required
Approve Final Geometrics
Determine Need for Permits from Other Agencies
Request Permits
Initial Hydraulics Discussion with District Staff
Initial Electrical Design Discussion with District Staff
Initial Traffic & Signing Discussion with District Staff
Initial Landscape Design Discussion with District Staff
Plan Sheet Format Discussion
2. ENGINEERING STUDIES AND REPORTS
Prepare & Submit Materials Report & Typical Section
Review and Approve Materials Report & Typical Section
Prepare & Submit Landscaping Recommendation
Review & Approve Landscaping Recommendation
Prepare & Submit Hydraulic Design Studies
Review & Approve Hydraulic Design Studies
Prepare & Submit Bridge General Plan & Structure Type
Selection
Review & Approve Bridge General Plan & Structure Type
Selection
P
RESPONSIBILIIY
STATE CITY
X
X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
rI
X
X
X
X
X
X
r4
• Distrif Agreement No. 12 -284
RESPONSIBILIIY
STATE CITY
PROJECT ACTIVITY
3. R/W ACQUISTION & UTILITIES
(Used when qualified Local Agency is performing R/W activities.)
Request Utility Verification
X
Request Preliminary Utility Relocation Plans from Utilities
X
Prepare R/W Requirements
X
Prepare R/W and Utility Relocation Cost Estimates
X
Submit R/W Requirements & Utility Relocation Plans for Review
X
Review and Comment on R/W Requirements
X
Longitudinal Encroachment Review
X
Longitudinal Encroachment Application to District
X
Approve Longitudinal Encroachment Application
X
Request Final Utility Relocation Plans
X
Check Utility Relocation Plans
X
Submit Utility Relocation Plans for Approval
X
Approve Utility Relocation Plans
X
Submit Final R/W Requirements for Review & Approval
X
Fence and Excess Land Review
X
R/W Layout Review
X
Approve R/W Requirements
X
Obtain Title Reports
X
Complete Appraisals
X
Review and Approve Appraisals for Setting Just Compensation
X
Prepare Acquisition Documents
X
Acquire R/W
X
Open escrow and Make Payments
X
Obtain Resolution of Necessity
X
Perform Eminent Domain Proceedings
X
Provide Displace Relocation Services
X
Prepare Relocation Payment Valuations
X
Provide Displace Relocation Payments
X
Perform Property Management Activities
X
Perform R/W Clearance Activities
X
Prepare and Submit Certification of R/W
X
Review and Approve Certification of R/W
X
Transfer R/W to STATE - Approve & Record Title Transfer
X
Documents
Prepare R/W Record Maps
X
• Distriv Agreement No. 12 -284
RESPONSIBILIIY
STATE CITY
PROJECT ACTIVITY
4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES
Prepare and Submit Preliminary Stage Construction Plans
X
Review Preliminary Stage Construction Plans
X
Calculate and Plot Geometrics
%
Cross- Sections & Earthwork Quantities Calculation
X
Prepare and Submit BEES Estimate
X
Put Estimate in BEES
X
Local Review of Preliminary Drainage Plans
Land Sanitary Sewer and Adjustment Details
X
Prepare & Submit Preliminary Drainage Plans
%
Review Preliminary Drainage Plans
R
Prepare Traffic Striping and Roadside Delineation
Plans & Submit for Review
%
Review Traffic Striping and Roadside Delineation Plans
X
Prepare & Submit Landscaping and /or Erosion Control Plans
X
Review Landscaping and /or Erosion Control Plans
X
Prepare & Submit Preliminary Electrical Plans
X
Review Preliminary Electrical Plans
X
Prepare & Submit Preliminary Signing Plans
X
Review Preliminary Signing Plans
X
Quantity Calculations
B
Safety Review
X
X
Prepare Specifications
X
Prepare & Submit Checked Structure Plans
X
Review & Approve Checked Structure Plans
X
Prepare Final Contract Plans
X
Prepare Lane Closure Requirements
X
Review and Approve Lane Closure Requirements
X
Prepare & Submit Striping Plan
%
Review & Approve Striping Plan
X
Prepare Final Estimate
X
Prepare & Submit Draft PS&E
X
Review Draft PS&E
X
Finalize & Submit PS&E to District
X
001
• Distriv Agreement No. 12 -284
PROJECT ACTIVITY
5. HAZARDOUS WASTE ACTIVITY
Conduct an Initial Site Assessment (ISA) for hazardous waste
on the properties involved in PROJECT. ISA shall be performed
by qualified personnel.
Confirm Potential Hazardous Waste Sites identified in the ISA
by conducting site investigation (soil /groundwater testing) to
determine the type and extent of contamination
Prepare a Report of the Site Investigation
Review Site Investigation Report prepared by CITY
After STATE Review Send the Report to Regulatory Agency(ies)
for their approval
If the Site is Determined to be Contaminated, start
Remediation Process
Give the property owner the opportunity to remediate the site
Monitor property owners efforts in order to keep PROJECT on
schedule
If the property owner refuses to remediate the site, do the
remediation and take the legal action against the property
owner to recover costs
Prepare remediation schedule /work plan, showing remediation
will be completed prior to advertisement for PROJECT
construction and send copy of schedule /work plan to STATE for
review
Review schedule /work plan
Conduct soil and /or groundwater remediation
Oversee remediation activities
Prepare remediation report
Review remediation report
After STATE review of the remediation report send report to
regulatory agency for their review
If Site is determined to be clean, obtain approval from
regulatory agency
21
RESPONSIBILIIY
STATE CITY
1
X
X
X
X
X
X
0:
X
X
X X
X
X
X
Ei
Distrif Agreement No. 12 -284
ATTACHMENT 3
DEFINITIONS
Basic Design Features - A general description of the facility:
• Design speed of State highway facility and Local Agency roads and
streets.
• Number of through lanes, auxiliary lanes and locations of interchanges
and separations.
• Widths of through lanes, medians, and shoulders for both the State
highway facility and local roads and streets.
• Need of special feature such as soundwalls, transportation system
management plans, HOV lanes, bridge widening, ramp metering, etc. See
Figure 2 -1.3A of State Project Development Procedures Manual for
additional discussion of items to be considered as basic design
features.
Mandatory and Advisory Design Standards - See Index 82.3 of State's Highway
Design Manual for the definition and listing of these items.
22
a 0
STATE OF CALIFORNIA - BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Govemor
DEPARTMENT OF
DISTRICT 12
2501 PULLMAN STREET
SANTA ANA, CA 92705
TRANSPORTATION
March 18, 1996
Mr. Gail P. Pickart
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
Dear Gail:
12- Ora -73 R5.5
Birch Street Overcrossing
Widening on Rte 73
12208 - 04450K
Category: 261
Enclosed are four (4) originals of Cooperative Agreement No. 12 -284 between STATE
and CITY for the above referenced project.
Please have three (3) copies of the enclosed Agreement signed by the appropriate CITY
officials and return them to us.
After signature by the appropriate STATE officials, you will be furnished a fully executed
copy of the Agreement for your files.
If you have any questions, please call me at (714) 724 -2816.
R. VILLANUEVA
Chief,'
Design Branch C
Enclosures
l+� t _TI,
a 6
STATE OF CALIFORNIA -BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
2501 PULLMAN STREET
SANTA ANA, CA 92705
May 6, 1996
Mr. Gail P. Pickart
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
Dear Gail:
12- Ora -73 R5.5
Birch Street Overcrossing
Widening on Rte 73
12208 - 04450K
Category: 261
Attached for the City of Newport Beach's files is a fully executed copy of Cooperative
Agreement No. 12 -284 between the State of California and the City of Newport Beach, for the
above referenced project.
We thank you for your cooperation in the processing of this Agreement. If you have any
questions, please call Jimmy Shil 724 -2367.
Sincerely,
�l��
AGNES R. VILL.ANUEVA
Chief, Design Branch C
Attachment
_ C -a 931 -;
AMENDMENT NO. 1
TO
CONSULTANT AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this
L —day of `� (rrl 2 1997, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, (hereinafter referred to as "CITY "), and the firm of
DAMAN ASSOCIATES, whose address is 1701 Hilltop Drive, Orange, CA 92665,
(hereinafter referred to as "CONSULTANT'), is made with reference to the following:
RECITALS:
A. On January 28, 1997, a Consultant Agreement was entered into by
and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT."
B. CITY and CONSULTANT mutually desire to amend AGREEMENT
as provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. CONSULTANT agrees to perform the additional services as
outlined in letter proposal from CONSULTANT, dated April 15, 1997, herein attached to
and made part of this AMENDMENT as EXHIBIT A.
2. The maximum fee to be paid to CONSULTANT to cover services
described herein is increased by $4,000 for a new total of $15,130.
3. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain the same and shall be in full
force and effect.
0
0
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:
DIRECTOR OF PUBLIC WORKS
APPROVED AS TO FORM:
City Attorney
CO
ATTEST:
City Clerk
A
daman associates
real property services to government & industry
April 15, 1997
Mr. Emmet Berkery, P.E.
3345 Newport Boulevard
Suite 215
Newport Beach, CA 92663
Re: Birch Street Widening, NPB /l
Dear Mr. Berkery:
As of this date, Daman Associates has expended $10,590.30 in the performance of
services desired in the above - referenced project. Numerous additional costs have been incurred
by us which had not been anticipated in the original concept of the Birch Street widening.
These were the sale by Mr. Don Lewis of his property to Ms. Ruth Ko (Pcl. 7)
necessitating a completely new acquisition package; the changes desired by the Wattsons (Pcls.
1 & 2); the additional time spent on the Goodgame parcel (Pcl. 3).
A good portion of the extra time expended on the Ko property, Pcl. 7, was in title
research. First American Title had been requested to furnish updates to us for this parcel on
March 14, 1997 and to this date have not done so. As a result, we had to search the title to
ascertain the change of ownership and additional information needed to begin negotiations with
a new owner.
We hereby request the City of Newport Beach increase our contract by an additional
$4,000.00 which should be sufficient to enable us to consummate the remaining parcels up to
the time of filing the eminent domain action.
As with the current contract, invoicing by Daman Associates will be on a Time &
Material Basis, not to exceed the additional $4,000.00.
Your prompt response would be appreciated.
Very; ly yours,
Daniel H. Musselman, Jr., R/WA, CRA
Principal
DHM:pw
1701 hilltop drive • orange, ca 92665
(714) 283 -3534 • fax (714) 283 -5642
daman associates
real property services to government d industry
May 8, 1997
Mr. Emmet Berkery, P.E.
3345 Newport Boulevard
Suite 215
Newport Beach, CA 92663
Re: Birch Street Widening, NPB /1
Dear Mr. Berkery:
In response to your request, Daman Associates has reviewed our records of time and
materials expended on the above referenced project. As of April 25, 1997, $11,035.31 has been
utilized by us in the pursuit of project completion.
As pointed out in my letter to you dated April 15, 1997, numerous additional costs,
which were not anticipated in the original proposal, have been incurred. In addition to those
items mentioned in the above letter, continuing problems with the "non- performance" of First
American Title Company has caused much delay in completing the escrows of the acquired
parcels. This has necessitated at least 12 hours of additional labor with the title company,
escrow officer and property owners attempting to satisfy everyone and close the escrows.
Continued negotiations with those owners with which the City has adopted Resolutions
of Need & Necessity has meant an additional labor and material expenditure that will exceed the
original estimate by at least $4,000. This amount is derived by estimating 40 hours of additional
labor at $95.00 per hour, per our current rate schedule.
Your attention is directed to Exhibit A, Item 13, Page 3, of our current contract with the
City. All contractual estimates were based upon the time and material required to acquire the
oagiaal sever. parcels up to and including the adoption of the Council Resolution on April 28.
The highlighted paragraphs on Page 4, Exhibit A, of our City contract also explain this matter.
Copies of these are included for your information.
I trust this will clarify the matter and that we may then proceed to finish the acquisition
of the three remaining parcels. If there are any questions, please feel free to call at any time.
Very ly yours,
aniel H, sselman, Jr./SRJ1WAA
Principal
DHM:pw 1701 hilltop drive • orange, ca 92665
Enclosure
(714) 283 -3534 9 fax (714) 283 -5642
0
REAL PROPERTY SERVICES
1. Mail written, notice of- City's liptent to,•Acqui�e to .each property owner whose
property is. involved in the. projectr ;. , ;ii•
2. Confer with City's staff or any other source necessary to ensure all parties are fully
informed before negotiations begin.
3. Draft all documents required by federal and state laws and regulations governing
land. acquisition by public agencies.
4. Submit all documents to City staff for review and approval as to form prior to
initiating negotiations.
5. Maintain an individual file for each parcel containing signed parcel diaries,
correspondence, documents, agreements, etc.
6. Provide each owner an Information Brochure which includes an in -depth
explanation of the acquisition process.
7. Upon City's acceptance of the appraisal, present each owner with a written Offer
to Purchase, Statement of lust Compensation and Appraisal Summary.
8. Negotiate with each owner for purchase of required real property based on the
approved appraisal.
9. Draft escrow agreenrenls and coordinate with escrow company to ensure transfer
of acquired parcels free and clear of all liens and encumbrances except those
required by City.
10. Deliver all necessary documents to City for acceptance and recordation through
escrow.
H. Coordinate all activities with City Attorney and City Staff as needed to provide
support for public hearings required to initiate eminent domain actions.
12. Provide condemnation packets to City Attorney.
13. Coordinate any and all right -of -way related services required during the entire
phase of the project up to and including the adoption of Need & Necessity
Resolution by City.
3
DAMAN'S FE
Daman's fee for the Birch Street widening: $10,155.00
This, fee, based on your verbal request of December 37, 1996; includes labor., and
mate' rials needed to prepare all necessary acquisition documents, contact the property
ownrs and /or representatives, and coordinate activities with City staff as well as
coordinate escrow and title services.
Payment of invoices is due thirty (30) days after the invoice is submitted to City and all
invoices are subject to a 15% penalty for late payment.
SUMMARY OF FEES
Title Review and Document Preparation $1,505.00
Negotiation and Acquisition of Seven Separate Parcels T &M, NTE $8,650.00
Notes to Summary of Fees
* Daman's fee for negotiation and acquisition, including consultations with City staff
and escrow and title coordination, will be on a time and material basis pursuant to
our current rate schedule (attached) NOT TO EXCEED Eight Thousand Six
Hundred Fifty Dollars ($8,650.00).
In the event unforseen circumstances arise which complicate the acquisition so that
Daman is unable to complete the project without exceeding its Eight Thousand Six
Hundred Fifty Dollar ($8,650.00) estimate, Daman will timely notify City and
Daman will await written authorization from City before proceeding further.
After City has adopted resolutions of Need & Necessity on any unacquired parcels,
Daman's fees will be billed on a Time & Material basis as described on our current rate
sheet (attached) and are not part of our fee estimate of $10,155.00.
This fee estimate, based on your verbal request of December 27, 1996, includes labor and
materials needed to prepare all necessary acquisition documents, contact the property
owners and /or representatives, and coordinate activities with City staff as well as
coordinate all escrow and title services.
Payment of invoices is due thirty (30) days after the invoice is submitted to City and all
invoices are subject to a 15% penalty for late payment.
0
daman associates•
real property services to government & industry
April 15, 1997
Mr. Emmet Berkery, P.E.
3345 Newport Boulevard
Suite 215
Newport Beach, CA 92663
Re: Birch Street Widening, NPB /1
Dear Mr. Berkery:
As of this date, Daman Associates has expended $10,590.30 in the performance of
services desired in the above - referenced project. Numerous additional costs have been incurred
by us which had not been anticipated in the original concept of the Birch Street widening.
These were the sale by Mr. Don Lewis of his property to Ms. Ruth Ko (Pcl. 7)
necessitating a completely new acquisition package; the changes desired by the Wattsons (Pcls.
1 & 2); the additional time spent on the Goodgame parcel (Pcl. 3).
A good portion of the extra time expended on the Ko property, Pcl. 7, was in title
research. First American Title had been requested to furnish updates to us for this parcel on
March 14, 1997 and to this date have not done so. As a result, we had to search the title to
ascertain the change of ownership and additional information needed to begin negotiations with
a new owner.
We hereby request the City of Newport Beach increase our contract by an additional
$4,000.00 which should be sufficient to enable us to consummate the remaining parcels up to
the time of filing the eminent domain action.
As with the current contract, invoicing by Daman Associates will be on a Time &
Material Basis, not to exceed the additional $4,000.00.
Your prompt response would be appreciated.
Very ly your, ,
1
aniel H. Musselman, Jr., R/WA, CRA
Principal
DHM:pw
1701 hilltop drive • orange, ca 92665
(714) 283 -3534 • fax (714) 283 -5642
• 0
CONSULTANT AGREEMENT
BIRCH STREET WIDENING
RIGHT OF WAY ACQUISITION SERVICES
THIS AGREEMENT, entered into this 19—day of J�L�� 1997, by
and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred
to as "City "), and Daman Associates whose address is 1701 Hilltop Drive, Orange,
California 92665 (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 Daniel H. Musselman, Jr.
C. City desires to engage Consultant to provide right of way acquisition
services to the City of Newport Beach for its Birch Street project 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 13th day of January, 1997,
and shall terminate on the 30th day of June, 1997, unless terminated earlier as set forth
herein.
0
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 $11,130.00.
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 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
2
• •
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 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 Daniel H. Musselman, Jr. to be its Project Manager.
8. TIME OF PERFORMANCE
The taskW to be performed by Consultant shall be in accordance with the
schedule specified in Exhibit "A ". 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.
91
• •
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 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'
4
9
0
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 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, with the
exception of Worker's Compensation Insurance, shall add as additional 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:
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
5
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propertydamage. 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.
Said policy or policies shall be endorsed to state that coverage shall not be
suspended, voided nor canceled by either parry, or reduced in coverage or in limits
except after thirty (30) days' prior notice has been given in writing to City. Consultant
shall give to City prompt 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
M
9
0
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 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.
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.
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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
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.
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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 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 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.
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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 92658 -8915
Attention: Bill Patapoff
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Daman Associates
1701 Hilltop Drive
Orange, California 92665
Attention: Daniel H. Musselman, Jr.
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
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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 seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, each parry 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
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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.
CITY CLERK
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CITY OF NEWPORT BEACH
A Municipal CorporatioW
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B : l��
P BLIC WORKS DIRECTOR
CONSULTANT
In
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10/23/96
E4H19IT A
daman associates
real property services to government industry
January 16, 1997
Emmet Berkery, P.E.
3345 Newport Blvd.
Suite 215
Newport Beach, CA 92663
Re: Birch Street Widening
Dear Mr. Berkery:
Daman's fee for services associated with the proposal for the above referenced
project will be on a Time & Material Basis NOT TO EXCEED Eleven Thousand One
Hundred Thirty Dollars ($11,130.00).
In the event City chooses to waive their requirements for comprehensive liability
and auto insurance, Daman Associates fee for the above project will be on a Time &
Material Basis NOT TO EXCEED Ten Thousand One Hundred Fifty -Five Dollars
($10,155.00) .
Very ly you
Daniel H ,/'Musselman, Jr. SR/WA, CRA
Principal
DHM: pw
1701 hilltop drive • orange, ca 92665
(714) 283 -3534 • fax (714) 283 -5642
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PROPOSAL FOR ACQUISITION SERVICES
FOR
BIRCH STREET WIDENING IN THE CITY OF NEWPORT BEACH
The City of Newport Beach ( "City ") contemplates the widening of Birch Street,
northeasterly of Bristol Street North. This will necessitate the acquisition in fee of
portions of the following parcels:
A.P. No. 427 - 231 -06
A.P. No. 427 - 231 -26
A.P. No. 427 - 231 -25
A.P. No. 427 - 151 -10
A.P. No. 427 - 151 -11
A.P. No. 427 - 151 -12
A.P. No. 427 - 151 -15
Watson Newport Ventures
Watson Newport Ventures
Goodgame, Westley & Westley
Betty Hogan, Trustee
Sushil K. Garg
John R. Saunders, Trustee
Mesa Oaks Development Co.
In addition, temporary construction easements are desired from the above - mentioned
seven (7) parcels.
Daman Associates ( "Daman ") proposes to provide title review; document preparation;
legal description and plat map review; negotiation and acquisition services; and title and
escrow coordination.
Daman will provide all acquisition documents, specifically: Notice of Intent to Acquire,
Property Owners' Informational Brochure and Owner Information Sheet, Contract,
Agreement, Escrow Instructions, Deeds, Offer Letter, Statement of Just Compensation,
Appraisal Summary, Parcel Diary, Receipt of Just Compensation Statement, and
Informational Brochure and Right of Entry Form. Samples of these documents will be
provided to City within ten (10) days of receipt by Daman of written authorization to
proceed. If City does not review and /or reject the submitted documents within fourteen
(14) days of their submittal to City, Daman will assume documents are satisfactory and
will use documents as submitted.
Daman will also be the contact point with the escrow and title officers to ensure a smooth
and timely transfer of title and to safeguard City's interests.
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City will provide to Daman title reports and the appraisal reports, legal descriptions,
areas of takes and plat maps of all desired acquisitions at the time written authorization
to proceed is received by Daman.
City will provide access to all properties for Daman. City will also provide a complete
set of signed Plan and Profile Construction Drawings for the proposed project to Daman.
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REAL PROPERTY SERVICES
1. Mail written notice of City's Intent to Acquire to each property owner whose
property is involved in the project.
2. Confer with City's staff or any other source necessary to ensure all parties are fully
informed before negotiations begin.
3. Draft all documents required by federal and state laws and regulations governing
land acquisition by public agencies.
4. Submit all documents to City staff for review and approval as to form prior to
initiating negotiations.
5. Maintain an individual file for each parcel containing signed parcel diaries,
correspondence, documents, agreements, etc.
6. Provide each owner an Information Brochure which includes an in -depth
explanation of the acquisition process.
7. Upon City's acceptance of the appraisal, present each owner with a written Offer
to Purchase, Statement of Just Compensation and Appraisal Summary.
8. Negotiate with each owner for purchase of required real property based on the
approved appraisal.
9. Draft escrow agreements and coordinate with escrow company to ensure transfer
of acquired parcels free and clear of all liens and encumbrances except those
required by City.
10. Deliver all necessary documents to City for acceptance and recordation through
escrow.
11. Coordinate all activities with City Attorney and City Staff as needed to provide
support for public hearings required to initiate eminent domain actions.
12. Provide condemnation packets to City Attorney.
13. Coordinate any and all right -of -way related services required during the entire
phase of the project up to and including the adoption of Need & Necessity
Resolution by City.
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DAMAN'S FEE
Daman's fee for the Birch Street widening: $10,155.00
This fee, based on your verbal request of December 27, 1996, includes labor and
materials needed to prepare all necessary acquisition documents, contact the property
owners and /or representatives, and coordinate activities with City staff as well as
coordinate escrow and title services.
Payment of invoices is due thirty (30) days after the invoice is submitted to City and all
invoices are subject to a 15% penalty for late payment.
SUMMARY OF FEES
Title Review and Document Preparation $1,505.00
Negotiation and Acquisition of Seven Separate Parcels T &M, NTE $8,650.00
Notes to Summary of Fees
* Daman's fee for negotiation and acquisition, including consultations with City staff
and escrow and title coordination, will be on a time and material basis pursuant to
our current rate schedule (attached) NOT TO EXCEED Eight Thousand Six
Hundred Fifty Dollars ($8,650.00).
In the event unforseen circumstances arise which complicate the acquisition so that
Daman is unable to complete the project without exceeding its Eight Thousand Six
Hundred Fifty Dollar ($8,650.00) estimate, Daman will timely notify City and
Daman will await written authorization from City before proceeding further.
After City has adopted resolutions of Need & Necessity on any unacquired parcels,
Daman's fees will be billed on a Time & Material basis as described on our current rate
sheet (attached) and are not part of our fee estimate of $10,155.00.
This fee estimate, based on your verbal request of December 27, 1996, includes labor and
materials needed to prepare all necessary acquisition documents, contact the property
owners and /or representatives, and coordinate activities with City staff as well as
coordinate all escrow and title services.
Payment of invoices is due thirty (30) days after the invoice is submitted to City and all
invoices are subject to a 15% penalty for late payment.
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daman associates
QUALIFICATIONS
Daman provided right -of -way and acquisition services on the following recently
completed projects:
2.0 Million Gallon Partial takings of 4+ parcels in La Habra Heights.
Reservoir Site
Reservoir Site Full and partial takings on two parcels in Lake
Elsinore.
Trunk Sewer Line Full and partial takings of 28 parcels in Lake
Rights -of -Way Elsinore.
Street Widening Full and partial takings of 130+ parcels in Costa
Mesa.
Street Widening Full and partial takings of 35+ parcels in La Quinta.
For over four years Daman has provided and continues to provide ongoing real property
services to the City of Chino Hills and the Elsinore Valley Municipal Water District on
numerous appraisal, acquisition, annexation and title clearance projects.
Elsinore Valley Municipal
Water District
City of Costa Mesa
La Habra Heights County
Water District
City of La Quinta
CLIENT REFERENCE LIST
Mr. John E. Hoagland
General Manager
(909) 674 -3146
Mr. Allen Roeder
City Manager
(714) 754 -5327
Mr. James E. Frei
Secretary & General Manager
(310) 697 -6769
Mr. Chris Vogt
Director of Public Works
(619) 564 -2246
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TEAM RESUME
DAMAN ASSOCIATES
Daman Associates, granted DBE /WBE status in accordance with Department of
Transportation Rules & Regulations (49 CFR, Part 23), provides a full range of top
quality, reasonably priced real property services to its public and private sector clientele.
These services include real property and right -of -way engineering, annexation and
boundary adjustment /document preparation, appraisal, acquisition, and title and
encumbrance research.
The keystone to Daman Associates' success is a unique approach to professional
consulting which we believe will be the model for service businesses of the future. We
retain a core staff of highly qualified experts from most real property disciplines. Top-
notch support personnel assist these experts on an "as- needed" basis. This arrangement
allows Daman Associates to maintain both low overhead and tight control of costs. As
a result, we are able to provide each of our clients with a high quality product
individually tailored to its specific project requirements at a very reasonable price.
DANIEL H MUSSELMAN. JR.. SR /WA. CRA, a senior member of the International
Right -of -Way Association and the Principal of Daman Associates, has more than 26 years
experience in right -of -way engineering, management and real property services and is
also a Certified Review Appraiser. He served as Real Property Manager for the Cities
of Santa Ana, Costa Mesa, Fullerton and Orange, and was Senior Real Property Agent
for Tucson Electric Power Company in Tucson, Arizona, and Real Property Manager for
the Costa Mesa Sanitary District.
Mr. Musselman received his Bachelor of Science degree in Engineering from the United
States Naval Academy in Annapolis, Maryland.
ANNE J. LOGIE. ESQ., although not currently a practicing attorney, is an active
member of the California State Bar with over ten years experience in eminent domain and
general civil law. Her law firm practice included construction defect and architects' and
engineers' errors and omissions defense. Ms. Logie was also Assistant Right -of -Way
Coordinator for Irvine Community Development Company whose parent company is The
Irvine Company. She externed for Justice Sheila Prell Sonenshine, California Court of
Appeals, District Four, Division Three, and clerked for the Orange County District
Attorney, Special Services Unit.
Ms. Logie received her Bachelor of Arts degree from the University of California, Los
Angeles, and her J.D. from Loyola Law School, Los Angeles, California.
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MARGARET HALEY, Associate. Margaret has over fifteen years experience
specializing in negotiation, appraisal, acquisition, relocation assistance and research as
well as extensive public utility and pipeline corridor acquisition.
RAY THATCHER, Associate. Ray has over sixteen years of diversified experience in
all areas of right of way and title engineering; legal description and exhibit preparation;
boundary analysis, constraints and mapping; preparation of computer - generated schedules,
maps, plans and exhibits.
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RATESCHEDULE
STRAIGHT TIME
CLASSIFICATION BILLING RATE
Principal
$ 95.00
Real Estate Appraiser
80.00
Senior Real Property Agent
80.00
Real Property Agent
55.00
Right of Way Engineer
55.00
Title Engineer
50.00
Senior Draftsperson
47.00
Technical Secretary/Typist
32.00
Title Searcher
30.00
Attendance at Special Conferences and City Council Meetings will be billed at the regular
hourly rate of the attending staff member.
OTHER SERVICES
Computer
@ $ 6.00 /hour
Electrostatic Copies
@ $ 0.15 /each
24" x 36" Erasable Vellum
@ $ 3.00 /each
8' /2" x 11" and 11" x 17" Vellums and Mylars
@ $ 0.50 /each
Blueline Prints
@ $ 1.00 /each
Outside Reproduction Services
@ Cost Plus 10%
Policies of Title Insurance
@ Cost Plus 10%
Litigation Guarantees
@ Cost Plus 10%
Title Clearance
@ Cost Plus 10%
Automobile Expense
@ $ 0.40 /mile
Messenger Service
@ Cost Plus 10%
Postage and Freight
@ Cost
Long Distance Telephone/Telegraph
@ Cost Plus 10%
Special Services and Materials
@ Cost Plus 10%
Other Out -of- Pocket Expenses
@ Cost Plus 10%
Public Testimony /Expert Witness
@ $800.00 /day
(half day minimum)
Court Appearance /Expert Witness
@ $700.00 /day
(Senior Real Property Agent)
(half day minimum)
Court Appearance /Expert Witness
@ $500.00 /day
(Real Property Agent)
(half day minimum)
The above rates include all direct labor costs, labor overhead, general and administrative
expenses, and profit.
Hourly rates for other services, excluding court appearance /expert witness fees, will be
billed at a Time and Material Basis as shown above.
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