HomeMy WebLinkAboutC-3026(A) - Development of San Diego Creek North property, Consultant Agreement0 0
STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Co"rmr
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
:s
2501 PULLMAN STREET
SANTA ANA, CA 92705
February 20, 1996 12- ORA- 73 -P.M. 4.3
EA 102502
R/W map 1191 -8/10
Ref. Parcel
DD063769 -01 -01
Mr. Jerry Bennett, Chief Engineer
Transportation Corridor Agency
201 E. Sandpointe, #200
Santa Ana, CA 92707
Subject: Memorandum of Understanding between Caltrans, SJHTCA and
the City of'Newport Beach regarding Bike Trail between
Jamboree and University Drive and Newport Beach adjacent
to Fletcher Jones parcel
Dear Mr. Bennett,
This letter is to confirm your receipt of one of three signed
originals of the above - mentioned Memorandum of Understanding.
The second has been sent to Don Webb with the City of Newport Beach
and the third to Caltrans Excess Land Section.
Caltran's Right of Way engineering staff will prepare the
documentation for the transfer of title to the City upon notice
from the City and TCA that the project has been completed. This
transfer of title will need to go before the CTC for approval which
will take a minimum of 3 months processing time.
Please do not hesitate to call the undersigned with any questions.
Sincerely,
v ; rG
Vicci Messer
Right of Way Agent
Excess Land Sales
714 - 724 -2422
cc. Project Development, Walt Hagen
R/W District Division Chief, Otto Kihm
R/W Project Management, Brice Paris
R/W Project Management, Toll Roads, Jean Quan
R/W Engineering, Mel Galer
Toll Road Oversight, Dan Butler
Ted Schneider
City of Newport Beach, Don Webb
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Gomrmr
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
2501 PULLMAN STREET
SANTA ANA, CA 92705
February 20, 1996
Mr. Don Webb
Public Works Director
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92659 -1768
12- ORA- 73 -P.M. 4.3
EA 102502
R/W map 1191 -8/10
Ref. Parcel
DD 063769 -01 -01
Subject: Memorandum of Understanding between Caltrans, SJHTCA and
the City of Newport Beach regarding Bike Trail between
Jamboree and University Drive and Newport Beach adjacent
to Fletcher Jones parcel
Dear Mr. Webb,
Enclosed is an executed original of the above - mentioned Memorandum
of Understanding. Please note decertification of the above -
mentioned bike trail parcel from the project will be initiated
after the SJHTC project is open to the public to commence
transportation.
Caltrans Right of Way engineering staff will prepare the
documentation for the transfer of title to the City upon notice
from the City and TCA that the project has been completed. This
transfer of title will need to go before the CTC for approval which
will take a minimum of 3 months processing time.
Please do not hesitate to call the undersigned with any questions.
Sin'erely,
1G av14-
Vicci Messer
Right of Way Agent
Excess Land Sales
714 - 724 -2422
Attachment
cc. Project Development, Walt Hagen
R/W District Division Chief, Otto Kihm
R/W Project Management, Brice Paris
R/W Project Manangement, Toll Roads, Jean Quan
R/W Engineering, Mel Galer
Toll Road Oversight, Dan Butler, Ted Schneider
TCA, Jerry Bennett
mo n
MEMORANDUM OF UNDERSTANDING
This memorandum dated - /,5 — /� 1996, expresses the
understanding of the San Joaquin Hills Transportation Corridor Agency (AGENCY), the
State of California Department of Transportation ( CALTRANS) and the City of Newport
Beach (CITY) regarding the construction, ownership and long -term maintenance of a
bicycle trail adjacent to the San Joaquin Hills Transportation Corridor (Corridor). The
bicycle trail is designated as a portion of Bike Trail D on the Corridor construction
drawings, located between Jamboree Road and University Drive (see Exhibit A). The
understanding of the parties is premised on the following facts:
A. Bike Trail D is part of the Corridor construction plans and will be identified as part
of the CITY's Bike Trail Master Plan and is identified in the SJHTCA
Environmental Impact Report #FHWA -CA- EIS- 90 -2 -F.
B. AGENCY is obligated to construct Bike Trail D.
C. CALTRANS will not assume ownership and maintenance responsibility for non -
highway improvements, such as said portion of Bike Trail D between Jamboree
Road and University Drive.
D. CITY will assume ownership and long -term maintenance of that portion of Bike
Trail D located between Jamboree Road and University Drive. CALTRANS will
transfer fee title for the portion of Bike Trail D, of which fee title is held by
Caltrans, to the CITY upon the completion of the Corridor project.
E. CITY wishes AGENCY to initiate a design modification to the current plan for
said portion of Bike Trail D to accommodate a proposed automobile dealership
project adjacent to and southerly of Bike Trail D. AGENCY and CALTRANS are
willing to accommodate the CITY's requested revision providing certain access
and maintenance criteria are met.
0
Bike Trail D
SJHTC MOU
Page 2 of 3
NOW THEREFORE, AGENCY, CALTRANS, and CITY agree to the following terms:
1. CITY has provided plans, sketches, exhibits, etc. to AGENCY and CALTRANS,
demonstrating that CITY's requested revision to said portion of Bike Trail D will
not impair CALTRANS ability to access the Corridor for CALTRANS
maintenance operations of Corridor improvements.
2. Upon review and approval of CITY's documentation by AGENCY and
CALTRANS, AGENCY will initiate the formal process of revising the construction
drawing for said portion of Bike Trail D.
3. CITY will provide AGENCY with any necessary easements or permits to
construct Bike Trail D, as shown on Exhibit A and held in fee title by Caltrans,
and any other Corridor improvements within any portion of property owned or
controlled by CITY. CITY will provide at no cost to CALTRANS any necessary
easements for access and maintenance of Corridor within said portion of Bike
Trail D on CITY property.
4. CITY agrees to accept ownership, maintenance and liability for those portions of
Bike Trail D within the City of Newport Beach upon completion of Corridor
project, provided:
a. CITY is under no obligation to purchase Bike Trail D.
b. The transfer of fee title for that portion of Bike Trail D to the CITY
from CALTRANS is a separate transaction from CITY's purchase of
1.10 acres of surplus CALTRANS right -of -way, which is currently
being processed by CALTRANS.
5. CITY and AGENCY agree Bike Trail D will not be opened to the public until CITY
has formally accepted fee title to and maintenance responsibility for said portion
of Bike Trail D between Jamboree Road and University Drive as indicated on
Exhibit A and as shown on Sheets L -20, L -21 and L -22 of the project plans for
the Corridor.
6. CITY hereby grants AGENCY and its contractor a right -of -entry to construct Bike
Trail D and associated improvements within portions of land owned or controlled
by CITY as shown on Exhibit A.
Bike Trail D
SJHTC MOU
Page 3 of 3
This memorandum of understanding is an agreement between the CITY, CALTRANS
and AGENCY.
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY
By.
Names
Title: (- ti e,,
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
In
Name: /, ,a, ir-
Title: L111 � �4 1 e 'L
CITY OF NEWPORT BEACH
M
Kevin My
Title: C
er
See Contract File for
Exhibit A
(Bike Trail D between
Jamboree Road and University Drive)
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: April 29, 1996
SUBJECT: Contract No. 3026
(714) 644 -3005
Description of Contract: Amendment to Consultant Agreement
with Emmet Berkery (Fletcher Jones Motorcars /Bayview Way
Extension)
Effective date of Contract: April 22, 1996
Authorized by Minute Action, approved on: April 22, 1996
Contract with: Emmet Berkery, P.E.
3345 Newport Blvd., Suite 215
Newport Beach, CA 92663
Amount of Contract: (See Agreement)
LaVonne M. Harkless, CMC /AAE
City Clerk
lm
Attachment
3300 Newport Boulevard, Newport Beach
AMENDMENT NO. 3 - ? , � (r-
CONSULTANT AGREEMENT
Project Management Services
Capital Improvement Projects
THIS AMENDMENT NO. 3 TO AGREEMENT, made and entered into this
ai,r,j day of 1996, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Emmet
Berkery, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach,
CA 92663 (hereinafter referred to as "CONSULTANT') is made with reference to the
following:
RECITALS:
A. On December 1, 1994, a Consultant Agreement was entered into
by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'.
B. Amendment No. 1 to AGREEMENT, entered into between CITY
and CONSULTANT on June 20, 1995, extended the term of the AGREEMENT to June
30, 1996.
C. Amendment No. 2 to AGREEMENT, entered into between CITY
and CONSULTANT on November 13, 1995, increased the maximum fee to $70,000.
D. CITY and CONSULTANT mutually desire to further amend the
AGREEMENT as provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. The maximum fee to be paid as compensation to CONSULTANT to
cover project management services performed during the term of this AGREEMENT is
hereby increased to $85,000.
2. The term of this AGREEMENT, which was previously extended to
June 30, 1996, not to extend past December 31, 1996.
3. The standard hourly rates established for AGREEMENT shall
continue in effect and shall be unchanged before December 31, 1996.
4. 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.
IN WITNESS WHEREOF, the parties hereto have executed this
AGREEMENT on the date first above written.
CITY OF NEWPORT BEACH,
a municipal corporation
BY: A�
i Man g
APPROVED AS TO FORM:
Cit Attorney
CONSULTANT
BY: &Vwj �
Emmet Berkery, P.E.
ATTEST:
�d / .
City Clerk
r�
U
•
0
TO: Mayor and Members of the City Council
FROM: Public Works Department
1'
April 22, 1996
CITY COUNCIL AGENDA
ITEM NO. 10
APR
SUBJECT: AMENDMENT TO CONSULTANT AGREEMENT WITH EMMET BERKERY
(FLETCHER JONES MOTORCARS /BAYVIEW WAY EXTENSION)
CONTRACT NO. 3026
RECOMMENDATIONS:
1. Approve Amendment No. 3 to Consultant Agreement with Emmet Berkery for
continued Project Management Services in the amount of $15,000, thereby
increasing the not -to- exceed amount from $70,000 to $85,000.
2. Authorize the City Manager and City Clerk to sign Amendment No. 3.
DISCUSSION:
On December 1, 1994, the City Council authorized execution of a Consultant
Agreement with Emmet Berkery, P.E., for project management services during the
period of December 1994 through June 1995. The initial agreement established a not -
to- exceed fee of $55,000 for services averaging 30 hours per week. On June 20, 1995,
the City Manager authorized execution of Amendment No. 1 to the Consultant
Agreement extending its term through June 1996. On November 13, 1995, the City
Council authorized Amendment No. 2 in the amount of $15,000 for additional items of
work.
Project management services under this agreement include services to help select,
manage and coordinate the work of consultant firms necessary to provide right -of -way,
permits, environmental documentation, utility coordination, plans, specifications and
contract documents for the development of the Fletcher Jones Motorcars dealership on
a portion of the San Diego Creek North site and the extension of Bayview Way.
Amendment No. 3 extends the contract term to December 31, 1996, and provides
additional $15,000 compensation to perform the following items of work:
0 0
SUBJECT: AMENDMENT TO CONSULTANT AGREEMENT WITH EMMET BERKERY .
April 22, 1996
Page 2
1. Coordination and management of the off -site environmental mitigation
(gnatcatcher) required by the resource agencies. The mouth of Big
Canyon creek has been selected for this mitigation.
2. Management and coordination of the Bayview Way street construction.
Staff recommends approval of Amendment No. 3 to the Consultant Agreement with
Emmet Berkery, P.E. Amendment No. 3 establishes the following provisions:
1. Increases the total not -to- exceed budget amount to $85,000.
2. Extends the term of the Agreement to December 31, 1996.
It should be noted that 50% of the project management services will be reimbursed by
Fletcher Jones. Funds for Amendment No. 3 are to be allocated as follows:
PROJECT BUDGET NO. AMOUNT
San Diego Creek North 7251- C5100262 $ 7,500 •
San Diego Creek North 7261- C5100262 $ 7,500
A copy of Amendment No. 3 to the Consultant Agreement is attached for reference.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By `,
John Wolter
Cooperative Projects Engineer
Attachment
•
LJ
LJ
0
AMENDMENT NO. 3
CONSULTANT AGREEMENT
Project Management Services
Capital Improvement Projects
•
THIS AMENDMENT NO. 3 TO AGREEMENT, made and entered into this
day of
,1996, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, (hereinafter referred to as "CITY') and Emmet
Berkery, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach,
CA 92663 (hereinafter referred to as "CONSULTANT') is made with reference to the
following:
RECITALS:
A. On December 1, 1994, a Consultant Agreement was entered into
by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'.
B. Amendment No. 1 to AGREEMENT, entered into between CITY
and CONSULTANT on June 20, 1995, extended the term of the AGREEMENT to June
30, 1996.
C. Amendment No. 2 to AGREEMENT, entered into between CITY
and CONSULTANT on November 13, 1995, increased the maximum fee to $70,000.
D. CITY and CONSULTANT mutually desire to further amend the
AGREEMENT as provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. The maximum fee to be paid as compensation to CONSULTANT to
cover project management services performed during the term of this AGREEMENT is
hereby increased to $85,000.
9 0
2. The term of this AGREEMENT, which was previously extended to
June 30, 1996, not to extend past December 31, 1996. •
3. The standard hourly rates established for AGREEMENT shall
continue in effect and shall be unchanged before December 31, 1996.
4.
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.
IN WITNESS WHEREOF, the parties hereto have executed this
AGREEMENT on the date first above written.
CITY OF NEWPORT BEACH,
a municipal corporation
go
APPROVED AS TO FORM:
City Attorney
City Manager
CONSULTANT
F-017
ATTEST:
City Clerk
Emmet Berkery, P.E.
LJ
•
• i
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
d'tvlqsD
//- :� / -9S
TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT
FROM: CITY CLERK
DATE: November 21, 1995
SUBJECT: Contract No. C- 3026(A)
Description of Contract Consultant Agreement for Project
Management Services and Capital Improvement Projects
Effective date of Contract November 20, 1995
Authorized by Minute Action, approved on November 13, 1995
Contract with Emmet Berkery, P.E.
Address 3345 Newport Boulevard, Suite 215
Newport Beach, CA 92663
Amount of Contract (See Agreement)
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
C
•
0
0
November 13. 1995
CITY COUNCIL AGENDA
ITEM NO. 15
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: AMENDMENT TO CONSULTANT AGREEMENT WITH EMMET BERKERY
(FLETCHER JONES MOTORCARS /BAYVIEW WAY EXTENSION)
CONTRACT NO. 3026
RECOMMENDATIONS:
1. Approve Amendment No. 2 to Consultant Agreement with Emmet Berkery
for additional Project Management Services during F.Y. 1995 -96.
Increase the not to exceed amount from $55,000 to $70,000.
2. Authorize the Mayor and City Clerk to sign Amendment No. 2.
DISCUSSION:
On December 1, 1994, the City Council authorized execution of a Consultant
Agreement with Emmet Berkery, P.E. for project management services during the
period of December 1994 through June 1995. A not -to- exceed budget amount of
$55,000 was established for services averaging 30 hours per week. On June 20, 1995,
the City Manager authorized execution of Amendment No. 1 to the Consultant
Agreement extending its term through June 1996.
Project management services under this agreement include services to help select,
manage and coordinate the work of consultant firms necessary to provide right -of -way,
permits, environmental documentation, utility coordination, plans, specifications and
contract documents for the development of the Fletcher Jones Motorcars dealership on
a portion of the San Diego Creek North site and the extension of Bayview Way.
The additional $15,000 compensation being requested under Amendment No. 2 is
necessary to complete the following items of work pertaining to the project:
1. Coodination with Southern California Edison for the relocation of a 66 kv
overload transmission line.
0
E
SUBJECT: AMENDMENT TO CONSULTANT AGREEMENT WITH EMMET BERKERY
November 13, 1995
Page 2
2. Coordination with Metropolitan Water District and Mesa Consolidated
Water District to allow construction of site improvements within their
existing easements.
3. Coordination and management of the off -site environmental mitigation
(gnatcatcher) required by the resource agencies. The mouth of Big
Canyon has been selected for this mitigation.
4. Management and coordination of the Bayview Way street construction.
To continue the project management services, staff is now recommending approval of
Amendment No. 2 to the Consultant Agreement with Emmet Berkery, P.E. Amendment
No. 2 establishes the following items:
1. The total not -to- exceed budget amount for project management services
is increased from $55,000 to $70,000. •
2. The average weekly hours of services to be made available are expected
to average between 10 and 20.
The additional $15,000 authorized for Amendment No 2 is allocated as follows:
PROJECT BUDGET NO. AMOUNT
Fletcher Jones Motorcars 7261- C5100262 $ 15,000
A copy of Amendment No. 2 to the Consultant Agreement is attached for reference.
Respectfully submitted,
4UBLIC WORKS DEPARTMENT
Don Webb, Director
n Wolter
Projects Engineer
Attachment
AMENDMENT NO.2
• CONSULTANT AGREEMENT
Project Management Services
Capital Improvement Projects
THIS AMENDMENT NO. 2 TO AGREEMENT, made and entered into this
day of ,1995, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Emmet
Berkery, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach,
CA 92663 (hereinafter referred to as "CONSULTANT ") is made with reference to the
following:
RECITALS:
A. On December 1, 1994, a Consultant Agreement was entered into
by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ".
• B. Amendment No. 1 to AGREEMENT was entered into between
CITY and CONSULTANT on June 20, 1995.
C. CITY and CONSULTANT mutually desire to further amend the
AGREEMENT as provide herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. The maximum fee to be paid as compensation to CONSULTANT to
cover project management services performed during the previously extended time
period is hereby increased to $70,000.
2. CONSULTANT's address listed in Section 12 of the AGREEMENT
for notice purposes is hereby changed to:
Emmet Berkery, P.E.
3345 Newport Boulevard, Suite 215
Newport Beach, CA 92663
• 3. The standard hourly rates established for AGREEMENT shall
continue in effect and shall be unchanged before June 30, 1996.
4. 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.
IN WITNESS WHEREOF, the parties hereto have executed this
AGREEMENT on the date first above written.
APPROVED AS TO FORM:
Attorney
CITY OF NEWPORT BEACH, •
a municipal corporation
City Manager
CONSULTANT
BY:
Emmet Berkery, .E.
ATTEST:
City Clerk •
•
Emmet Berkery, P. E.
• 3345 Newport Boulevard
Suite 215
Newport Beach, CA 92663
714- 673 -6446
FEE RATE SCHEDULE
Effective July 1, 1995
Professional Services
0
Title Rate per hour
Project Manager $90.00
Technician /Designer /Plan Checker $60.00
• Clerical/Word Processing /Drafting $35.00
II. Reimbursable Expenses
• Travel and subsistence to locations outside Orange and Los Angeles Counties will be
billed at cost.
• Reproduction, blueprinting, photocopying, and photographing will be billed at cost.
III Outside Services
Invoice costs of services and expenses charged by independent contractors or
consultants, specialists, and professional or technical firms in support of services
provided by Emmet Berkery, P.E. will be billed at 1.15 times cost.
• AMENDMENT NO. 1 •
CONSULTANT AGREEMENT
Project Management Services
Capital Improvement Projects
THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this
day of ,1995, by and between the CITY OF NEWPORT BEACH, a
municipal corporationn,, /.�ii�2.Z� (hereinafter referred to as "CITY') and Emmet Berkery, P.E., whose
address is 3345 Newport Boulevard, Suite 215, Newport Beach, CA 92663 (hereinafter
referred to as "CONSULTANT') is made with reference to the following:
RECITALS:
A. On December 1, 1994, 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 the agreement as
provide herein.
NOW, THEREFORE, the parties hereto agree as follows:
The term of this AGREEMENT, which commenced on November 15,
1994, is extended from June 30, 1995 to June 30, 1996.
2. The standard hourly rates established for AGREEMENT shall continue in
effect and shall be unchanged before June 30, 1996.
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.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT
on the date first above written.
CITY OF NEWPORT BEACH,
a municipal corporation
BY: '
Cit anag
AP VE TO FORM:
City Attorney
CONSULTANT
BY:
Emmet Berkery, P.E.
ATT ST::,yr +;,cam
City Clerk � r €•r'rt ,�
L
•
•
CONSULTANT AGREEMENT
Project Management Services
Capital Improvement Projects
THIS AGREEMENT, entered into this 1,',1e day of
/(�0/'Dir�Y/�__ 1994, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, (hereinafter referred to as "CITY ") and Emmet Berkery, P.E.,
whose address is 2456 Heliotrope Drive, Santa Ana, CA 92706 (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 Statues of the State of California
and the Charter of the City.
B. CITY and CONSULTANT desire to enter into an agreement for
• Professional Civil Engineering services to manage implementation of Public Works
capital improvement and cooperative projects within the City.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
SECTION 1. TERM
A. The term of this agreement shall commence on the 15th day of
November, 1994 and shall terminate on the 30th day of June 1995, unless
terminated earlier as set forth herein.
B. It is anticipated that project management services as provided for in
this agreement will also be desired in the 1995/96 fiscal year. The term of this
agreement may be extended by mutual consent of both parties under the terms of
an amended Consultant Agreement approved by the City Manager.
SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT
Project management services will include supervision of consultant
• firms preparing project studies, final plans and specifications; coordination and
presentations to various Federal and State agencies necessary to obtain permits for
the projects; preparation of cooperative agreements as necessary for funding and
construction of the projects; negotiations with property owners to coordinate
construction, obtain right -of -entry permits and right -of -way as required;
coordination of various Federal, State, local and private parties as necessary to
manage projects; and construction management services including contract
administration, construction observation, scheduling and change order negotiation,
0
preparation and processing.
Public Works projects for which project management services are
anticipated to be provided are:
1. Development of the San Diego Creek North site for use as a
Mercedes -Benz automobile dealership.
2. Extension of Bayview Way easterly of jamboree Road including
utility infrastructure.
3. Construction of the JR -5 Ramp providing for northbound Jamboree
Road traffic to join the westbound lanes of the Corona del Mar
Freeway (S.R. 73).
The City has a wide range of projects underway and the list of projects
set forth above is not intended to be restrictive or all - inclusive. Project
management services are intended to be available to the City staff on an as needed
basis that allows flexibility and readjustment to meet requirements as they arise.
CONSULTANT shall be available to city on an as needed basis up to an
average of thirty (30) hours per week and shall provide project management
services as noted above and as attached hereto set forth in Exhibit "A" The proposal
dated October 11, 1994.
SECTION 3: COMPENSATION TO CONSULTANT
A. CONSULTANT shall be compensated for services performed pursuant
to this agreement by invoicing City for services rendered on a monthly basis. Fee
shall be on a time and materials basis, based on standard hourly rates as set forth
in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by
this reference. The maximum fee shall not exceed 555,000.00. In the event of
unforeseen changes or required additions to the work which are not outlined by
this agreement, the Public Works Director may authorize additional compensation
up to 15% of the original contract amount. Such work shall be performed on a time
and materials basis at the rates shown in Exhibit "A ".
B. It is anticipated that project management services as provided for in
this agreement will also be desired in the 1995/96 fiscal year. Compensation under
this agreement is for services over the remaining fiscal year. Compensation may be
extended for services performed during the 1995/96 fiscal year by mutual consent
of both parties under the terms of an amended Consultant Agreement approved by
the City Manager.
SECTION 4: STANDARD OF CARE
CONSULTANT agrees to perform all services hereunder in a manner
commensurate with the community professional standards and agrees that all
•
0
/ services shall be performed by qualified and experienced ptlnnel who are not
employed by the CITY nor have any contractual relationship with CITY.
SECTION 5: INDEPENDENT PARTIES
CITY and CONSULTANT intend that the relation between them created
by this Agreement is that of employer- independent contractor. The manner and
means of conducting the work are under the control of CONSULTANT, except to the
extent they are limited by statute, rule or regulation and the express terms of this
Agreement.
SECTION 6: HOLD HARMLESS
CONSULTANT shall indemnify and hold harmless CITY, its CITY Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, suits, costs and expenses whatsoever, including
reasonable attorneys' fees, regardless of the merit or outcome of any such claim or
suit arising from or in any manner connected to CONSULTANTS negligent
performance of services or work conducted or performed pursuant to this
Agreement.
SECTION 7. INSURANCE
Without limiting the consultant's indemnification of City, Consultant
shall obtain and provide and maintain at its own expense during the term of this
Agreement, policy or policies of liability insurance of the type and amounts
described below and satisfactory to the City, Such policies shall be signed by a
person authorized by that insurer to bind coverage on its behalf and must filed with
the City prior to exercising any right or performing any work pursuant to this
Agreement. All insurance policies 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 shat
provide to City, certificates of insurance from an insurance company certified to d,
business in the State of California, with original endorsements, and copies r
policies, if requested by City, of the following insurance, with Best's Class B c
better carriers:
A. Worker's compensation insurance covering all employees and principi
of the Consultant, per the laws of the State of California;
B, Commercial general liability insurance covering third party liabil
risks, including without limitation, contractual liability, in a minim,
amount of $1 million combined single limit per occurrence for boi
injury, personal injury and property damage. if commercial gen,
liability insurance or other form with a general aggregate is used, either
I
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 51 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
I 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
i 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.
SECTION 8. PROHIBITION AGAINST TRANSFER
CONSULTANT shall not assign, sublease, hypothecate, or transfer this
Agreement or any interest therein directly or indirectly, by operation of law or
otherwise without the prior written consent of CITY. Any attempt to do so without
said consent shall be null and void, and any assignee, subleasee, hypothecate or
transferee shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of CONSULTANT, or of the interest of any general
partner or joint venture or syndicate member or co- tenancy if CONSULTANT is a
partnership or joint venture or syndicate or co- tenancy, 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.
9
SECTION 9: PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the
term of this Agreement, all appropriate permits, licenses and certificates that may
• be required in connection with the performance of services hereunder.
SECTION 10: REPORTS
Each and every report, draft, work - product, map, record and other
document reproduced, prepared or caused to be prepared by CONSULTANT
pursuant to or in connection with this Agreement shall be the exclusive property of
CITY upon final payment to the CONSULTANT.
CITY shall make no use of materials prepared by CONSULTANT pursuant
to this Agreement, except for construction,, maintenance and repair of the Project.
Any use of such documents for other projects, and any use of uncompleted
documents, shall be at the sole risk of the CITY and without liability or legal
exposure of the CONSULTANT.
No report, information or other data given to or prepared or assembled
by the CONSULTANT pursuant to this Agreement shall be made available to any
• individual or organization by the CONSULTANT without prior approval by CITY.
CONSULTANT shall, at such time and in such form as CITY may require,
furnish reports concerning the status of services required under this Agreement.
SECTION 11: RECORDS
CONSULTANT shall maintain complete and accurate records with
respect to costs, expenses, receipts and other such information required by CITY
that relate to the performance of services required under this Agreement.
CONSULTANT shall maintain adequate records of services provided in
sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall
be clearly identified and readily accessible. CONSULTANT shall provide free access
to the representatives of CITY or its designees at all proper times to such books
and records, and gives CITY the right to examine and audit same, and to make
transcripts therefrom as necessary, and to allow inspection of all work, data,
• documents, proceedings and activities related to this Agreement. Such records,
together with supporting documents, shall be kept separate from other documents
and records and shall be maintained for a period of three (3) years after receipt of
final payment.
SECTION 12: NOTICES
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served when
/ • •
/ delivered personally or on the second business day after the deposit thereof in the
United States mail, postage prepaid, registered or certified, addressed as
hereinafter approved.
All notices, demands, requests, or approvals from CONSULTANT to CITY
shall be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: John Wolter, Project Manager
(714) 644.3311
All notices, demands, requests, or approvals from CITY to CONSULTANT
shall be addressed to CONSULTANT at:
Emmet Berkery, P.E. ,
2456 Heliotrope Drive
Santa Ana, CA 92706
(714) 972 -2770
SECTION 13: TERMINATION
Either party may terminate this Agreement at any time and for any
reason by giving the other party seven (7) days' prior written notice; notice shall be
deemed served upon deposit in the United States Mail, postage prepared,
addressed to the other party's business office. In the event of termination due to
the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for
only those authorized services which have been completed and accepted by CITY.
If this Agreement is terminated for any reason other than fault of CONSULTANT,
CITY agrees to compensate CONSULTANT for the actual services performed up to
the effective date of the Notice of Termination, on the basis of fee schedule
contained above, subject to any maximum amount to be received for any specific
service.
SECTION 14: COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for
damages by reason of an alleged breach of any provisions of this Agreement, the
prevailing party shall be entitled to receive from the losing party all costs and
expenses in such amount as the court may adjudge to be reasonable attorneys'
fees.
SECTION 15: COMPLIANCES
CONSULTANT shall comply with all laws, state or federal, and all
ordinances, rules and regulations enacted or issued by CITY.
SECTION 16: WAIVER
A waiver by CITY or CONSULTANT of any breach of any term, covenant,
r �
•
•
•
•
or condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant, or condition contained herein
whether of the same or a different character.
SECTION 17: INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of
every kind of nature whatsoever between the parties hereto and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein. No
verbal agreement or implied covenant shall be held to vary the provisions hereof.
Any modification of this Agreement will be effective only by written execution
signed by both CITY and CONSULTANT.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first above written.
CITY OF NEWPORT BEACH,
a municipal corporation
`I I
BY: ' q
Mayor
APPROVED AS TO FORM:
Ci y Attorney
CONSULTANT
BY:
ATTEST: � x-ftm-
c
CITY CLERK
AMENDMENT NO. 2
CONSULTANT AGREEMENT
Project Management Services
Capital Improvement Projects
•
C - 3,%z6 (A)
THIS AMENDMENT NO. 2 TO AGREEMENT, made and entered into this
20th day of November 11995, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Emmet
Berkery, P.E., whose address is 3345 Newport Boulevard, Suite 215, Newport Beach,
CA 92663 (hereinafter referred to as "CONSULTANT ") is made with reference to the
following:
RECITALS:
A. On December 1, 1994, a Consultant Agreement was entered into
by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ".
B. Amendment No. 1 to AGREEMENT was entered into between
CITY and CONSULTANT on June 20, 1995.
C. CITY and CONSULTANT mutually desire to further amend the
AGREEMENT as provide herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. The maximum fee to be paid as compensation to CONSULTANT to
cover project management services performed during the previously extended time
period is hereby increased to $70,000.
2. CONSULTANT's address listed in Section 12 of the AGREEMENT
for notice purposes is hereby changed to:
Emmet Berkery, P.E.
3345 Newport Boulevard, Suite 215
Newport Beach, CA 92663
3. The standard hourly rates established for AGREEMENT shall
continue in effect and shall be unchanged before June 30, 1996.
4. 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.
IN WITNESS WHEREOF, the parties hereto have executed this
AGREEMENT on the date first above written.
CITY OF NEWPORT BEACH,
a municipal corporation
BY: 4V24"
it Ma ager
APPROVED AS TO FORM:
ZL� F
City Attorney
CONSULTANT
M
Emmet Berkery, P.E.
ATTEST:
ava ' City Clerk
:1.--,
0 0
AMENDMENT NO. 1
CONSULTANT AGREEMENT
Project Management Services
Capital Improvement Projects
THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this
c*O 61 ay of 11995, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, (hereinafter referred to as "CITY ") and Emmet Berkery, P.E., whose
address is 3345 Newport Boulevard, Suite 215, Newport Beach, CA 92663 (hereinafter
referred to as "CONSULTANT') is made with reference to the following:
RECITALS:
A. On December 1, 1994, 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 the agreement as
provide herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. The term of this AGREEMENT, which commenced on November 15,
1994, is extended from June 30, 1995 to June 30, 1996.
2. The standard hourly rates established for AGREEMENT shall continue in
effect and shall be unchanged before June 30, 1996.
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.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT
on the date first above written.
CITY OF NEWPORT BEACH,
a municipal corporation
BY: - -- �ti�rdC " - 4
AP�VEV'P S, TO FORM: Ci anag
City Attorney
CONSULTANT
BY: I
Emmet Berkery, P.E.
ATT ST:
(0
cad pO4�
City Clerk'.
t::..........::r y
�"� C r FU Reams
* •
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
G
TO: FINANCE DIRECTOR �//�
FROM: CITY CLERK
DATE: December 8, 1994
SUBJECT: Contract No. C- 3026(A)
Description of Contract Consultant Agreement for Project
Management Services and Capital Improvement Projects - Development
of San Diego Creek North Property
Effective date of Contract December 1, 1994
Authorized by Minute Action, approved on November 28, 1994
Contract with Emmet Berkery
Address 2456 Heliotrope Drive
Santa Ana
Amount of Contract (See Agreement)
GC/LL %j� 6e
Wanda E. Raggio p
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
November 28, 1994
t
CITY COUNCIL AGENDA
ITEM NO. 6
pa: BA -015
APPROVED
TO: Mayor and Members of the City Council
FROM: Public Works Department C'- 3UZL
SUBJECT: DEVELOPMENT OF SAN DIEGO CREEK NORTH PROPERTY
RECOMMENDATIONS:
1. Approve the establishment of a $70,000 budget for
management professional services to be provided by
outside consultants for development entitlements.
2. Authorize the City Manager to execute an Amendment to
the existing Engineering Services Agreement with Gail P.
C -2 M2- Pickart, P.E. for Project Management Services.
• V 3. Authorize the Mayor and City Clerk to execute an
Engineering Services Agreement with Emmet Berkery, P.E.
C - -w6(H) for Project Management.
4. Authorize the staff to negotiate an agreement with the
Transportation Corridor Agency to provide for construction
of the Jamboree Road flyover ramp OR-5) to be on a
structure over the San Diego Creek North parcel and to
provide for surface use under the structure.
DISCUSSION:
After a series of meetings and discussions, an informal conclusion
has been reached by representatives of the City of Newport Beach, The Irvine
Company, and Fletcher Jones Motorcars that it appears feasible to develop the
San Diego Creek North property as a relocation site for the Mercedes Benz
dealership currently located along Quail Street between Spruce Street and
• Dove Street. San Diego Creek North is a triangular shaped parcel of land
bounded by Jamboree Road, the San Joaquin Hills Transportation Corridor
(SJHTC), and San Diego Creek (see attached location map). Access for the site
will be provided by an extension of Bayview Way easterly of jamboree Road (a
segment of future roadway presently identified as University Drive North).
SUBJECT: DEVELOPIVINT OF SAN DIEGO CREEK NORAROPERTY
November 28, 1994
Page 2
A tentative time schedule of two years and a preliminary
infrastructure cost estimate of $4.2 million have been established for the
project. The first phase of construction will only construct Bayview Way
between Jamboree Road and the wetlands 600 feet easterly. In the future an
additional $4.5 million will be required to extend Bayview Way easterly to join
MacArthur Boulevard. A copy of both the time line and cost estimate are
attached for reference. Fletcher Jones has retained an architectural firm and a
preliminary site plan has been prepared.
The next steps in the project schedule are to begin environmental
documentation, perform topographical and boundary work, and do
geotechnical investigation of the site. This work is proposed to be done by
private consultants under Engineering Services Agreements with a project
management consultant to coordinate and direct the overall work efforts. A
cost summary that provides estimates of the professional services anticipated
during the remainder of F.Y. 1994 -95 is as follows:
TASK DESCRIPTION
SITE SHARE
BAYVIEW WAY SHARE
RAMPJR -5 SHARE
TOTAL
(FletcherJones)
(City of Newport Beach)
TCA
Composite Site Plan
52,000.00
52,000.00
$1,000.00
$5,000.00
Graphics
EIR for Bayview Way
540,000.00
540,000.00
0
$80,000.00
(Jamboree to
MacArthur) and Auto
Dealershi Site
Permit Processing for
$17,500.00
$17,500.00
0
$35,000.00
Bayview Way and
Auto Dealership Site
with Federal and
State Agencies
Environmental
0
0
$50,000.00
$50,000.00
Documentation for
Ram JR -5
Permit Processing for
0
0
$100,000.00
$100,000.00
Ramp JR -5 with
Federal and State
Agencies
Topographical
$22,500.00
$22,500.00
$5,000.00
$50,000.00
Mapping and
Boundary Surveying
Preliminary
527,500.00
527,500.00
$5,000.00
$60,000.00
Engineering for Street
and Site Grading;
Street Improvements
and Utility
Infrastructure; and
Ram JR -5 Alignment
Geotechnical Field
$16,000.00
$16,000.00
$8,000.00
$40,000.00
Investigation and
Written Report
Level
$4,500.00
$4,500.00
51,000.00
$10,000.00
Environmental
Analysis for
Hazardous Materials
Project Mana ement
$24,500.00
$35,000.0
510 500.00
$70,000.00
TOTALSI
5154,500.00
$165,000.00
1 $180,500.00
5500,000.00
•
•
SUBJECT: DEVELOPMENT OF SAN DIEGO CREEK NORIPROPERTY
November 28, 1994
Page 3
• A budget amendment, providing for $70,000 from
unappropriated Transportation and Circulation Account funds to a new San
Diego Creek North Account No. 7261 P 301 262 A, has been prepared for
Council's consideration. A portion of these costs may be reimbursed to the
City upon acquisition of the site by Fletcher }ones, and when TCA takes
control of JR -5. The City Council Budget Committee reviewed and approved a
budget amendment request for $500,000 at their November 1, 1994 meeting.
This would cover the full extimated cost of consulting services for the project.
At this time the staff is only asking for a budget amendment in the amount of
$70,000 to cover the project management consultants. When the consultants
have better defined the scope of work and received proposals for the various
work items, the staff will come back to the City Council for approval of a
larger budget amendment to proceed.
In order to meet the time schedule for this work, staff
proposes to retain professional consultants for project management,
environmental documentation, geotechnical engineering and civil engineering
services for the project. At this time, Engineering Services Agreements with
• Mr. Gail P. Pickart, P.E. and Emmet Berkery, P.E. to provide Project
Management and Preliminary Engineering Services are recommended for
approval. Mr. Pickart is currently performing similar Project Management
Services for the MacArthur Boulevard Widening project and Birch Street Bridge
Widening over the Corona del Mar Freeway (Route 73). Mr. Pickart will
continue to focus his time on those two projects; however, due to his
familiarity with the site and land development in the City, he will devote a
portion of his time to the San Diego Creek project. Mr. Berkery has more than
20 years experience in Public Works and land development engineering in
Orange County. In the last four years he has provided project management
services on commercial - industrial subdivisions in Lake Forest and Chula Vista.
His experience in developing commercial and industrial sites will be very
beneficial to the successful development of this project.
Proposals were requested and have been received from Mr.
Berkery and Mr. Pickart to provide project management services on an as
needed basis. Both proposals are for services through July 1995. However it
is anticipated that services will be needed after July 1, 1995 and language has
been included in the agreements providing for extension by the City
• Manager. Fees have been based on standard hourly rates for level of services
and the available time to work on this project of 30 hours per week for Mr.
Berkery and a portion of the 30 hours per week Mr. Pickart is available for City
projects. Mr. Pickart and Mr. Berkery will both provide project management
services at $90.00 /hr. and plan check /technical /designer services at
$60.00 /hr. which are comparable to rates for engineering firms in Orange
SUBJECT: DEVELOPOINT OF SAN DIEGO CREEK NOR #PROPERTY
November 28, 1994
Page 4
County. Copies of their rate schedules are attached. Engineering service •
agreements provide as follows:
A) Consultant: Gail P. Pickart
Term: October 1994 through June 1995
Fee: Not to exceed $15,000 for this project
based on standard hourly rates
Services: Project management services on as needed
basis up to average of 5 hours per week
B) Consultant: Emmet Berkery
Term: November 1994 through June 1995
Fee: Not to exceed $55,000 for this project
based on standard hourly rates
Services: Project management services on as needed
basis up to average of 30 hours per week
I
Funds for these services will become available if the Council
approves the proposed budget amendment for this project.
The current TCA design for the Jamboree Road flyover ramp OR -5) •
provides for the ramp to be on an earth -fill between Bayview Way and Bristol
Street. To provide an added 2.8 acres of usable land to the site, the ramp can
be constructed on structure across the site. It is estimated that it will cost an
additional $1.7 to $2 million for the structure. It will be necessary for the
City to negotiate an agreement with the TCA to provide for the additional
costs of constructing the ramp on structure and for allowing commercial uses
under the structure.
The staff also needs to work with the TCA on sharing the costs for
design and environmental work. When the terms of an agreement are
reached. It will then be brought back to the City Council for approval.
(a, �
Don Webb
Public Works Director •
DW:so
Attachments
1
• BAYVIEW EXTENSION, Jamboree Road to MacArthur Blvd.
0
SAN DIEGO CREEK NORTH
SITE DEVELOPMENT COST ESTIMATE
•
I:1i1I -Y1'1I
Item
Quantity
Unit
Estimated
Descri tion
Curb & Gutter
I Price
I Cost
Bayview Extension Bridge Costs
Bridge Structure
(350'x 104)
Bayview Roadway Costs
In Newport Beach (600)
36400 SF $100.00 /SF $3,640,000
ion Contingency and Administration, 15 %, _ $560,000
Bridge total $4,200,000
AC Pavement, 6 "AC /12 "AB
50400 SF
$2.50
/SF
$126,000
Curb & Gutter
1200 LF
$15.00
/LF
$18,000
Sidewalk
12000 SF
$3.00
/SF
$36,000
Traffic Signal modifications Q Jamboree
1 LS
$20,000.00
/LS
$20,000
Traffic signal @ Ramp
1 LS
$80,000.00
/LS
$80,000
Signing and Striping
1 LS
$8,000.00
/LS
$8,000
Storm Drain improvements
1 LS
$6,000.00
/LS
$6,000
•
Construction Contingency and Administration,
15 %, _
$46,000
Newport Roadway Total
$340,000
In Irvine (800)
Pavement Overlay
67200 SF
$1.50
/SF
$100,800
Curb & Gutter
1600 SF
$15.00
/SF
$24,000
Sidewalk
16000 SF
$3.00
/SF
$48,000
Traffic Signal Installation @ MacArthur 1 LS
$100,000.00
/LS
$100,000
Signing & Striping
1 LS
$5,000.00
/LS
$5,000
Construction Contingency and Administration,
15 %, _
$42,000
Irvine Roadway Subtotal
=
$320,000
Bayview Extension
Total =
$4,860,000
UTILITIES
Water Service to Site ( 12')
Sewer Service to Site
• Relocate SCE 66kv Power Lines
Gas Service to Site
Telephone/ Electrical Service to Site
1900 LF
$130.00
/LF
$247,000
1 LS
$250,000.00
/LS
$250,000
4 EA
$75,000.00
/EA
$300,000
500 LF
$15.00
/LF
$8,000
500 LF
$50.00
/LF
$25,000
Total Utilities cost =
$830,000
0
SAN DIEGO CREEK NORTH
SITE DEVELOPMENT COST ESTIMATE (Cont.)
ROUTE 73 ON -RAMP (JR-51
Additional Bridge Structure, 400'
Ramp pavement Credit
Embankment Credit
Excavation Credit
SITE
Grading
Excavation - Below Ramp JR -5
Site Preparation
Transportation Related Fees
Fairshare Fees
SJHTC Fees
16000 SF
-16000 SF
-34700 CY
-8000 CY
0
8/25/94
$110.00
/SF
$1,760,000
$5.00
/SF
($80,000)
$5.00
/CY
($173,500)
$2.00
/CY
($16,000)
Subtotal =
$1,490,500
Construction Contingency and Administration, 15 %, = $223,500
Ramp Structure Cost= $1,714,000
Miscellaneous Building Related Fees
Building Excise Tax Fee
Building, Planning, EIR, School Dist„ Etc.
WITH CONNECTION TO MACARTHUR
WITH OUT CONNECTION TO MACARTHUR
Unknown Cost is Caltrans Surplus R/W
40000
CY
$7.50
/CY
$300,000
80000
CY
$7.50
/CY
$600,000
Grading total =
$900,000
1291
trips
$121.14
/trip
$157,000
75000
SF
$2.80
/SF
$210,000
Fee total =
$367,000
$16,000
$80,000
PROJECT TOTAL = $8,687,000
PROJECT TOTAL = $4,200,000
•
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N DIEGO CREEK
NORTH SITE
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CONSULTANT AGREEMENT
Project Management Services
Capital Improvement Projects
THIS AGREEMENT, entered into this /,dtt- day of
Q2; >, 1 1994, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, (hereinafter referred to as "CITY ") and Emmet Berkery, P.E.,
whose address is 2456 Heliotrope Drive, Santa Ana, CA 92706 (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 Statues of the State of California
and the Charter of the City.
B. CITY and CONSULTANT desire to enter into an agreement for
Professional Civil Engineering services to manage implementation of Public Works
capital improvement and cooperative projects within the City.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
SECTION 1. TERM
A. The term of this agreement shall commence on the 15th day of
November, 1994 and shall terminate on the 30th day of June 1995, unless
terminated earlier as set forth herein.
B. It is anticipated that project management services as provided for in
this agreement will also be desired in the 1995 /96 fiscal year. The term of this
agreement may be extended by mutual consent of both parties under the terms of
an amended Consultant Agreement approved by the City Manager.
SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT
Project management services will include supervision of consultant
firms preparing project studies, final plans and specifications; coordination and
presentations to various Federal and State agencies necessary to obtain permits for
the projects; preparation of cooperative agreements as necessary for funding and
construction of the projects; negotiations with property owners to coordinate
construction, obtain right -of -entry permits and right -of -way as required;
coordination of various Federal, State, local and private parties as necessary to
manage projects; and construction management services including contract
administration, construction observation, scheduling and change order negotiation,
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preparation and processing.
Public Works projects for which project management services are
anticipated to be provided are:
1. Development of the San Diego Creek North site for use as a
Mercedes -Benz automobile dealership.
2. Extension of Bayview Way easterly of jamboree Road including
utility infrastructure.
3. Construction of the JR -5 Ramp providing for northbound jamboree
Road traffic to join the westbound lanes of the Corona del Mar
Freeway (S.R. 73).
The City has a wide range of projects underway and the list of projects
set forth above is not intended to be restrictive or all- inclusive. Project
management services are intended to be available to the City staff on an as needed
basis that allows flexibility and readjustment to meet requirements as they arise.
CONSULTANT shall be available to city on an as needed basis up to an
average of thirty (30) hours per week and shall provide project management
services as noted above and as attached hereto set forth in Exhibit "A" The proposal
dated October 11, 1994.
SECTION 3: COMPENSATION TO CONSULTANT
A. CONSULTANT shall be compensated for services performed pursuant
to this agreement by invoicing City for services rendered on a monthly basis. Fee
shall be on a time and materials basis, based on standard hourly rates as set forth
in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by
this reference. The maximum fee shall not exceed $55,000.00. In the event of
unforeseen changes or required additions to the work which are not outlined by
this agreement, the Public Works Director may authorize additional compensation
up to 15% of the original contract amount. Such work shall be performed on a time
and materials basis at the rates shown in Exhibit "A ".
B. It is anticipated that project management services as provided for in
this agreement will also be desired in the 1995/96 fiscal year. Compensation under
this agreement is for services over the remaining fiscal year. Compensation may be
extended for services performed during the 1995 /96 fiscal year by mutual consent
of both parties under the terms of an amended Consultant Agreement approved by
the City Manager.
SECTION 4: STANDARD OF CARE
CONSULTANT agrees to perform all services hereunder in a manner
commensurate with the community professional standards and agrees that all
services shall be performed by qualified and experienced personnel who are not
employed by the CITY nor have any contractual relationship with CITY.
SECTION 5: INDEPENDENT PARTIES
CITY and CONSULTANT intend that the relation between them created
by this Agreement is that of employer- independent contractor. The manner and
means of conducting the work are under the control of CONSULTANT, except to the
extent they are limited by statute, rule or regulation and the express terms of this
Agreement.
SECTION 6: HOLD HARMLESS
CONSULTANT shall indemnify and hold harmless CITY, its CITY Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, suits, costs and expenses whatsoever, including
reasonable attorneys' fees, regardless of the merit or outcome of any such claim or
suit arising from or in any manner connected to CONSULTANTS negligent
performance of services or work conducted or performed pursuant to this
Agreement.
SECTION 7. INSURANCE
Without limiting the consultant's indemnification of City, Consultant
shall obtain and provide and maintain at its own expense during the term of this
Agreement, policy or policies of liability insurance of the type and amounts
described below and satisfactory to the City. Such policies shall be signed by a
person authorized by that insurer to bind coverage on its behalf and must filed with
the City prior to exercising any right or performing any work pursuant to this
Agreement. All insurance policies shall add as insured the City, its elected officials,
officers and employees for all liability arising from Consultant's services as
described herein.
Prior to the commencement of any services hereunder, Consultant shall
provide to City, certificates of insurance from an insurance company certified to do
business in the State of California, with original endorsements, and copies of
policies, if requested by City, of the following insurance, with Best's Class B or
better carriers:
A. Worker's compensation insurance covering all employees and principals
of the Consultant, per the laws of the State of California;
B. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum
amount of $1 million combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial general
0 0
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 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.
SECTION 8. PROHIBITION AGAINST TRANSFER
CONSULTANT shall not assign, sublease, hypothecate, or transfer this
Agreement or any interest therein directly or indirectly, by operation of law or
otherwise without the prior written consent of CITY. Any attempt to do so without
said consent shall be null and void, and any assignee, subleasee, hypothecate or
transferee shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of CONSULTANT, or of the interest of any general
partner or joint venture or syndicate member or co- tenancy if CONSULTANT is a
partnership or joint venture or syndicate or co- tenancy, 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.
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SECTION 9: PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the
term of this Agreement, all appropriate permits, licenses and certificates that may
be required in connection with the performance of services hereunder.
SECTION 10: REPORTS
Each and every report, draft, work - product, map, record and other
document reproduced, prepared or caused to be prepared by CONSULTANT
pursuant to or in connection with this Agreement shall be the exclusive property of
CITY upon final payment to the CONSULTANT.
CITY shall make no use of materials prepared by CONSULTANT pursuant
to this Agreement, except for construction, maintenance and repair of the Project.
Any use of such documents for other projects, and any use of uncompleted
documents, shall be at the sole risk of the CITY and without liability or legal
exposure of the CONSULTANT.
No report, information or other data given to or prepared or assembled
by the CONSULTANT pursuant to this Agreement shall be made available to any
individual or organization by the CONSULTANT without prior approval by CITY.
CONSULTANT shall, at such time and in such form as CITY may require,
furnish reports concerning the status of services required under this Agreement.
SECTION 11: RECORDS
CONSULTANT shall maintain complete and accurate records with
respect to costs, expenses, receipts and other such information required by CITY
that relate to the performance of services required under this Agreement.
CONSULTANT shall maintain adequate records of services provided in
sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall
be clearly identified and readily accessible. CONSULTANT shall provide free access
to the representatives of CITY or its designees at all proper times to such books
and records, and gives CITY the right to examine and audit same, and to make
transcripts therefrom as necessary, and to allow inspection of all work, data,
documents, proceedings and activities related to this Agreement. Such records,
together with supporting documents, shall be kept separate from other documents
and records and shall be maintained for a period of three (3) years after receipt of
final payment.
SECTION 12: NOTICES
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served when
9 0
delivered personally or on the second business day after the deposit thereof in the
United States mail, postage prepaid, registered or certified, addressed as
hereinafter approved.
All notices, demands, requests, or approvals from CONSULTANT to CITY
shall be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: John Wolter, Project Manager
(714) 644 -3311
All notices, demands, requests, or approvals from CITY to CONSULTANT
shall be addressed to CONSULTANT at:
Emmet Berkery, P.E.
2456 Heliotrope Drive
Santa Ana, CA 92706
(714) 972 -2770
SECTION 13: TERMINATION
Either party may terminate this Agreement at any time and for any
reason by giving the other party seven (7) days' prior written notice; notice shall be
deemed served upon deposit in the United States Mail, postage prepared,
addressed to the other party's business office. In the event of termination due to
the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for
only those authorized services which have been completed and accepted by CITY.
If this Agreement is terminated for any reason other than fault of CONSULTANT,
CITY agrees to compensate CONSULTANT for the actual services performed up to
the effective date of the Notice of Termination, on the basis of fee schedule
contained above, subject to any maximum amount to be received for any specific
service.
SECTION 14: COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for
damages by reason of an alleged breach of any provisions of this Agreement, the
prevailing party shall be entitled to receive from the losing party all costs and
expenses in such amount as the court may adjudge to be reasonable attorneys'
fees.
SECTION 15: COMPLIANCES
CONSULTANT shall comply with all laws, state or federal, and all
ordinances, rules and regulations enacted or issued by CITY.
SECTION 16: WAIVER
A waiver by CITY or CONSULTANT of any breach of any term, covenant,
0
or condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant, or condition contained herein
whether of the same or a different character.
SECTION 17: INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of
every kind of nature whatsoever between the parties hereto and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein. No
verbal agreement or implied covenant shall be held to vary the provisions hereof.
Any modification of this Agreement will be effective only by written execution
signed by both CITY and CONSULTANT.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first above written.
APPROVED AS TO FORM:
i 1 (t�vvC
City Attorney
ATTEST:
CITY CLERK
CITY OF NEWPORT BEACH,
a municipal corporation
BY: ' �
Mayor
CONSULTANT
W,. V
• Emmet Berkery, P.E. •
2456 Heliotrope Drive
Santa Ana, Calif. 92706
714- 972 -2770
October 11, 1994
Mr. John Wolter
CITY OF NEWPORT BEACH
Public Works Department
3300 Newport Boulevard
Newport Beach, Calif. 92659 -1768
Dear Mr. Wolter
As a result of my meeting with you and Steve Badum
on October 10, 1994, I am pleased to submit this proposal
to provide professional civil engineering services rela-
tive to the management of the planned San Diego Creek North
Site in the City of Newport Beach. This proposal antici-
pates providing project management services on an essenti-
ally time and materials basis for a period of approximately
one year.
Project management services will be provided in an
amount expected to average thirty (30) hours per week.
Such services will be billed in accordance with the Fee
Rate Schedule attached. It is anticipated that at least
50% of the services provided will be billed at the Project
Manager rate. Actual services rendered and tasks performed
will be closely coordinated with the Public Works Depart-
ment staff member assigned to the project.
It is understood that the level of involvement in the
project will vary and may be changed from time to time.
It is further understood Public Works staff may request
services on other City projects. This proposal is not in-
tended to be restrictive or all- inclusive. The objective
of the contract is to make project management services
available to City staff in a manner which allows flexibil-
ity and readjustment to meet requirements as needed.
I understand this proposal will be attached to or
be made part of a standard form City of Newport Beach
consultant contract which will be presented to the City
Council for approval. I also understand there are certain
insurance requirements I must satisfy before the contract
can be formally approved.
•
C�
Thank you for the opportunity to submit this proposal.
I look forward to working with you and the public Works
staff.
Sincerely
Emmet Berkery
• Emmet Berkery, P.E. .
2456 Heliotrope Drive
Santa Ana, Calif. 92706
714 - 972 -2770
FEE RATE SCHEDULE
Effective October 1, 1994
I. Professional Services
Title Rate per Hour
Project Manager $90.00
Technician /Designer /Plan Checker $60.00
Clerical /Word Processing $35.00
II. Reimburseable Expenses
1. Travel and subsistence to locations outside
Orange and Los Angeles Counties will be billed
at cost.
2. Reproduction, blueprinting, photocopying,
and photographing will be billed at cost.
III. Outside Services
Invoice costs of services and expenses charged by
independent contractors or consultants, specialists,
and professional or technical firms in support of
services provided by Emmet Berkery, P.E. will be
billed at 1.15 times cost.
• Emmet M- Berkery •
2,456 Heliotrope Drive
Santa Ana, California 92706
(714) 972 -2770 (Home)
(714) 250 -1806 (Office)
EMPLOYMENT OBJECTIVE: Position as Director of Development, Director of Engineering, Project Manager, or
similar, overseeing design consultants, and coordinating construction contracts.
EMPLOYMENT HISTORY-
Feb. 1990-Present
Vice President - Engineering
Los Alisos Development Company
Irvine, California.
1980 -1990 Senior Director
Robert Bein, William Frost & Associates
Irvine, California.
1979 -1980
Project Manager
J.P. Kapp & Associates
Tustin, California.
1977 -1979 Project Engineer
Ronald Martin & Associates
Costa Mesa, California.
1975 -1977 Assistant Director of Public Works
City of San Dimas
San Dimas, California.
1972 -1975 Associate Civil Engineer
City of Costa Mesa
Costa Mesa, California.
1969 -1972 Civil Engineer Assistant
Los Angeles County Road Department
Los Angeles, California.
EDUCATION:
1965 -1969 University of Southern California
B.S. in Civil Engineering
REGISTRATION: Registered Civil Engineer
State of California No. 22882
PERSONAL: Born:
July 5, 1947 in Brooklyn, New York
Marital:
Married,1 child (daughter age 11)
Health:
Excellent
Residence:
Own Home
Finances:
Good Order
Hobbies:
Outdoor and Family Activities
0
EMPLOYMENT HIGHLIGHTS:
7/90- Present LOS ALISOS DEVELOPMENT COMPANY
As Vice President - Engineering, was responsible for managing and
coordinating design consultants and contractors in the development
of two large commercial - industrial projects: Pacific Commercentre in
the city of Lake Forest, and Otay Rio Business Park in the city of
Chula Vista. Coordinated preparation of improvement plan design
and agency processing, prepared bid documents, awarded construc-
tion contracts, reviewed and approved invoices and change orders.
Also managed the design and construction of a successful 25 acre
wetlands mitigation project in William R. Mason Regional Park in
Irvine. Approximate total value of construction contracts: $7,500,000.
1980 -1990 ROBERT BEIN, WILLIAM FROST & ASSOCIATES
As Senior Director of Development Engineering, had direct responsi-
bility for the preparation of grading and improvement plans for
several large projects, including: Pacific Commercentre, Hoag Cancer
Center, Metropolitan Condominiums (Irvine), Four Seasons Hotel
(Newport Beach), Monarch Beach Tennis Club, Pacific Club Expan-
sion (Newport Beach), Koll Center Newport Parking Lot Modifica-
tion, Orange County Performing Arts Center, Center Tower and
Center Garage, all in Costa Mesa, and Harbor Gateway Business
Center (Costa Mesa). Assigned work to engineers, designers and
drafters. Processed plans for agency approvals. Worked with other
design professionals and contractors.
1979 -1980 J.P. KAPP & ASSOCIATES
Managed the preparation of grading and improvement plans for a
large hillside residential development.
1977 -1979 RONALD MARTIN & ASSOCIATES
Directed the preparation of grading and improvement plans for
several single and multi - family residential projects.
EMPLOYMENT HIGHLIGHTS: (CONTINUED)
1975 -1977 CITY OF SAN DIMAS
Involved in all phases of municipal engineering, including public
works design, park design, right -of -way acquisition, construction
contracts and map and plan checking.
1972 -1975 CITY OF COSTA MESA
Designed street and storm drain improvement plans and supervised
the work of technicians. Checked subdivision plans and maps.
1969 -1972 LOS ANGELES COUNTY ROAD DEPARTMENT
Under general supervision, designed and drafted improvement plans
for County highways.