HomeMy WebLinkAbout09 - C-3202 Jamboree Road Eastbluff Drive Intersection0
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October 25, 1999
CITY COUNCIL AGENDA
ITEM NO. 9
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: JAMBOREE ROAD /EASTBLUFF DRIVE INTERSECTION
IMPROVEMENTS — PROFESSIONAL SERVICES AGREEMENT WITH
DIAZ - YOURMAN AND ASSOCIATES (GEOTECHNICAL), AND
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
WITH TETRA TECH, INC. — CONTRACT NO. 3202
RECOMMENDATIONS:
1. Approve Professional Services Agreement with Diaz - Yourman and Associates
Geotechnical Services for geotechnical testing.
2. Approve Amendment No. 1 to Professional Services Agreement with Tetra Tech,
Inc., for additional design services.
3. Approve a budget amendment appropriating $ 9,100.00 to Account No. 7181 -
05200421, Jamboree /Eastbluff Improvements from Account No. 7181- C5100070,
EIR/Preliminary Plans.
DISCUSSION:
Diaz - Yourman and Associates. On May 24, 1999, the City Council awarded
Contract No. 3202 B to Peterson -Chase General Engineering Construction, Inc., for
the construction of the intersection improvements at Jamboree Road and Eastbluff
Drive. As a part of the City Council action with regards to this contract, an amount of
$ 100,880.18 was established in Account No. 7261- C5200473 (Transportation and
Circulation) to cover the cost of unforseen work and materials testing. The project
includes construction of a complex tie -back retaining wall system and grading
adjacent to the existing steep slope on Jamboree Road. Due to the nature of the
construction involved, it was determined that the services of a geotechnical engineer
would be required during construction to assure public safety and maintain quality
construction methods. A Professional Services Agreement has been prepared with
Diaz - Yourman and Associates to provide geotechnical engineering services for this
project as outlined in the attached scope of services. A total of $ 40,700.00 is
established to cover the cost of these professional services. Funding for this work
will be covered with the amount set aside for extra work described previously,
Account No. 7261- C5200473 (Transportation and Circulation).
SUBJECT: Jamboree Road /Eastbluff Drive Intersection Improvements
October 25, 1999
Page 2
2. Tetra -Tech, Inc. On April 13, 1998, the City Council approved a Professional
Services Agreement with Tetra -Tech, Inc. for the preparation of plans, specifications
and cost estimates for improvements at the intersection of Jamboree Road and
Eastbluff Drive. During the design of the retaining walls, considerable time was
spent by the consultant working through the aesthetic details of the wall. The
original design scope did not cover aesthetic treatment to the walls. Also, additional
traffic control plans and temporary traffic signal plans were required for inclusion in
the project and were not originally budgeted. Tetra -Tech, Inc. has requested
additional compensation in the amount of $ 9,100.00 to cover this work. Staff
recommends that Amendment No. 1 to Tetra -Tech, Inc.'s Agreement (copy
attached) be approved by the City Council, and that the Mayor and the City Clerk be
authorized to sign it on behalf of the City.
3. Budget Amendment. The additional costs described above for Tetra -Tech, Inc.,
require a budget amendment. The requested budget amendment is the
appropriation of $ 9,100.00 from Account No. 7181- C5100070, EIR/Preliminary Plans
to Account No. 7181- C5200421, Jamboree / Eastbluff Improvements.
This project is proceeding as scheduled and should be completed in late December.
Respectfully ssubbm%itt
W
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: t
Antony Brine, P.E.
Transportation Engineer
Attachments: Professional Services Agreement with Diaz - Yourman & Associates
Amendment No. 1 to Tetra Tech Professional Services Agreement
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El users\pbvAsharedl coundffy99 .00bctober- 251eastbluff jamboree.doc
OPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of , 1999, by and
between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to
as "City"), and Diaz - Yourman & Associates, whose address is 17421 Irvine Blvd.. Tustin,
California. 92780-3012, (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
Onow being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to implement improvements at the intersection of Jamboree
Road/Easibluff Drive including, but not limited to, the construction of
retaining walls, new curb, gutter and sidewalk, roadway pavement, median
and island work to provide for a free right -turn lane ( "Project ").
C. City desires to engage Consultant to provide geotechnical engineering
services during construction of subject project, including observation of
slope excavation and observation of drilling of soldier piles and tie -back
anchors, performing laboratory tests to check soil quality, and other work as
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outlined in the attached Proposal, upon the terms and conditions contained
in this Agreement.
D. The principal members of Consultant are for purpose of Project are
Christopher M. Diaz. P.E. and Alan M. Yourman, Jr.. P.E.. G.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 of 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 28th day of June. 1999, and 0
shall terminate on the 31 st day of December. 1999, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
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QAgreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement shall not exceed the total contract price of
Forty thousand seven hundred dollars ($ 40.700 ).
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 City and based upon the
monthly invoices.
3.3 Consultant shall not receive any compensation for extra work without prior
Owritten authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
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B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
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 0
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,
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lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control
or without Consultant's fault.
4.3 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of construction
contracting. Consultant shall not have control over or charge of, and shall not be
responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor"), construction means, methods, techniques, sequences or procedures, or for
any health or safety precautions and programs in connection the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall not be
0 responsible for the Contractor's schedules or failure to carry out the work in accordance
with the contract documents. Consultant shall not have control over or charge of acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
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
controFof 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
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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 Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Alan Yourman, Jr.. P.E., G.E. to be
its Project Manager. Consultant shall not bill any personnel to Project other than those
personnel identified in Exhibit "B ", whether or not considered to be key personnel, without
City's prior written approval by name and specific hourly billing rate. Consultant shall not
remove or reassign any personnel designated in this Section or assign any new or
replacement person to Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to removal or assignment of non -key
personnel.
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Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
B. 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 Contractors
construction schedule and activities, or as directed by the City. The failure by Consultant
to strictly adhere to the construction schedule, or City's directions, may result in
termination of this Agreement by City, and the assessment of damages against
Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible
0 for delays which are due to causes beyond Consultant's reasonable control. However, in
the case of any such delay in the services to be provided for Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than the date upon which performance is
due. The Project Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays, which are beyond Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
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9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, 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 to the extent 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
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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, excepting only the sole negligence
or willful misconduct of City, its officers or employees, shall include attorneys' fees and all
other costs incurred in defending any such claim. Nothing in this indemnity shall be
construed as authorizing, any award of attorneys' fees in any action on or to enforce the
terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
0 signed by a person authorized by that insurer to bind coverage on its behalf and must be
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filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
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 City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
In
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including 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 $1 million combined
single limit per accident for bodily injury and property damage.
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D. Professional errors and omissions insurance which covers the services to !�
be performed in connection with this Agreement in the minimum amount of
One Million Dollars ($ 1.000.000 ).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give 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
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Oagreed 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.
0 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 co- tenant 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, or twenty-five percent (25 %) or more of the assets of the
corporation, partnership orjoint - venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
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connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement. The Consultant 0
may retain a copy of all project documents for their files.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
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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, copying and other services through City's reproduction
company for each of the required submittals. Consultant will be required to
coordinate the required submittals with City's reproduction company. All
other reproduction will be the responsibility of Consultant and as defined
above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
U 18. ADMINISTRATION
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This Agreement will be administered by the Public Works Department. Anton
Brine. P.E. 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
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clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive 0
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.
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22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may 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
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
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personally or on the third business day after the deposit thereof in the United States mail, 40
postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be addressed to
City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
Attention: Antony Brine, P.E.
(949) 644 -3311
Fax (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Alan Yourman, P.E.
Diaz - Yourman & Associates
17421 Irvine Blvd.
Tustin, CA 92780 -3012
(714) 838 -8565
Fax (714) 838 -8741
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
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(2) days after receipt by defaulting party from the other parry of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to 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.
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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
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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.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of City. Since
Consultant has no control over the cost of labor and material, or over competitive bidding
or market conditions, Consultant does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to City.
31. COMPUTER 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, 0
or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of
CARD data due to inappropriate storage conditions or duration; or (c) any use by City, or
anyone authorized by City, of CADD data for additions to this Project, for the completion
of this Project by others, or for any other project, excepting only such use as is
authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to
indemnify Consultant for damages and liability resulting from the modification or misuse of
such CADD data.
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32. PATENT INDEMNITY
46 Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
0 A Municipal Corporation
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By: By:
Robin Clauson Mayor
Assistant City Attorney City of Newport Beach
ATTEST: CONSULTANT
By: By:
LaVonne Harkless
City Clerk
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DYAZ•YOURMAN
& ASSOCIATE S
June 9, 1999
Project No. 238 -01
Mr. Tony Brine
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658 -8915
Subject: Proposal for Geotechnical Services During Construction
Jamboree Road / Eastbluff Drive Intersection Improvements
Newport Beach, California
Dear Mr. Brine:
INTRODUCTION
JUN Qi::a
Diaz•Yourman & Associates (DYA) is pleased to present this proposal to provide geotechnical
services during construction for the subject project. This proposal is based on:
• the recommendations contained in our geotechnical report dated October 7, 1998,
for the subject project;
our review of the Project Plans dated April 19, 1999, prepared by Tetra Tech;
our review of the Project Specifications, undated, Contract No. 3202 (B), received
April 30, 1999;
our review of your fax dated May 17, 1999; and,
• discussions with you.
PURPOSE AND SCOPE
The purpose of our services during construction will be to observe and check that the work is
performed in accordance with the intent of our recommendations and the project plans and
specifications. The scope of our services during construction will likely consist of the following.
• Observing drilling of soldier plies and tie -back anchors (full- time).
• Monitoring testing of tie -back anchors (full- time).
• Observing slope excavation, site preparation, fill placement, and compaction (part-
time).
• Performing laboratory tests to check soil quality and compaction characteristics (as
requested).
Performing field density tests to check compaction (full- and part- time).
• Observing foundation installation (part- time).
• Performing concrete cylinder testing (as requested).
F.I TAFLSWROJECT5123B MAPROP.00C
17421 IRVINE BLVD. TUSTIN, CA 92780 -3012 TEL. (714) 838 -8565 FAX (714) 838 -8741
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Mr. Tony Brine June 9, 1999
Project No. 238 -01 Page 2
• Providing engineering consultation (as requested).
• Preparing a report summarizing the results of our construction observation services.
FEEISCHEDULE
It is not possible to accurately budget for our services for construction without the detailed
contractor's schedule. Also, DYA's services are dependent upon the contractor's efficiency,
progress, and methods of operations. Thus, we will provide our services for construction on a
time -and- expense basis in accordance with DYA's Schedule of Charges, Service Agreement, and
General Conditions. However, we have provided an estimate for initial budgeting purposes as
summarized in Table 1.
Table 1 - ESTIMATED FEE
TASK
UNITS
RATE
FEE
Task 1 — Observing drilling of soldier piles and tieback anchors
15 days
$750(day
$11,250
Task 2 — Monitoring testing of lie -back anchors
7 days
$750/ ay
$6,250
Task 3 - Observe slope excavation, site preparation, fill placement,
field density testing
15 half days
$375
$5,G25
lr sk A — Performing laboratory testing of soils
- -•
$1,000
Task 5 — performing field density testing to check compaction
13 half days
$375
54,875
Task 6 — Observing foundation installation
10 half days
$375
$3,750
Task 7 — Performing concrete cylinder testing
30
$65
$1,950
Tnsk 6 - Provide engineering consultation, as requested
- --
$3,000
Task 9 — Preparing a report summarizing the results of our services
- --
- --
$4,000
TOTAL
$40,700
The fee estimate in Table 1 is based on an 8 -hour workday during normal working hours; half days
are Based on a 4-hour workday. The DYA on -site representative will be equipped with nuclear soil
density testing gauge for Tasks 3 and 5.
e lDAI AF La1PROJ[Cr N7 &0111 ARPReP.ace
Mr. Tony Brine
Project No. 238 -01
CLOSURE
June 9, 1999
Page 3
To provide written authorization to proceed, please and return one copy of the attached service
agreement, or issue a mutually agreeable contract. We appreciate the opportunity to propose our
services to you and look forward to working with you on this project. If you have any questions,
please call.
Very truly yours,
DIAZ•YOURMAN & ASSOCIATES
Christopher M. Diaz, P.E.
Project Engineer
j )t .
Allen M. Yourman, J0, P.E., G.E.
Vice President
CMD /AMY:cd
F:IDATAFLS%PROJECTM 4111APROPIM
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DIAZ•YOURMAN
& ASSOCIATES
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Schedule of Charges -1999
Professional Services
Junior................................................................ ............................... .........................$70.00 /hour
Staff....................................................................................................... .....................80.00/hour
Project................................................................................................... .....................95.00/hour
Senior................................................................................................... ....................110.00/hour
Associate............................................................................................. .....................120.00/hou r
Principal............................................................ ............................... .........................130.00 /hour
5ennces
.......... . ..............................
Word Processing .............,
Draftinglrechnical Editing
Technician .......................
Senior Technician............
Equipment
Computer............
Truck ...................
Automobile..........
Nuclear Gauge ...
Other Equipment
......%0.00/hour
.......55.00/hour
.......65.00/hour
.......55.00/hour
.......70.00/hour
............................................... ....................$10.00/hour
............................................. ........................11.00/hour
........................................ ............................... 0.35 /mile
...................................... ............................... 75.00 /day
........................ ............................... Separate Schedule
side direct costs such as equipment rental, outside services, and printing, copying, travel,
and subsistence ........................................................................ ............................... Cost + 15%
sonnel hourly rates will be increased by 20 percent for any work performed on weekends or
holidays, or in excess of 8 hours per day. Contract personnel may be charged at the hourly
rates listed above. Travel time will be charged at regular hourly rates. Appearances as a
witness (including depositions and court appearances) will be charged at a rate of $250/hour
plus expenses, with a minimum daily charge of 4 hours. Preparation will be charged at regular
hourly rates.
Invoices are due upon receipt and are past due 30 days after the invoice date. A finance charge
of 1.5 percent per month, or the maximum allowed by law, will be charged on past due invoices.
�rnanzrfrsra!tr.
199"
17421 IRVINE BLVD. TUSTIN, CA 92780 -3012 TEL. (714) 838 -8565 FAX (714) 838 -8741
Oe
AMENDMENT NO. 1
PROFESSIONAL SERVICES AGREEMENT
DESIGN SERVICES FOR
JAMBOREE ROADIEASTBLUFF DRIVE INTERSECTION IMPROVEMENTS
THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and
entered into this day of 1999, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and
TETRA TECH, INC., whose address is 600 City Parkway, Suite 300, Orange, California
92868, (hereinafter referred to as "CONSULTANT') is made with reference to the
following:
RECITALS:
A. On April 13, 1998, 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 provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant performed additional design work related to the
aesthetic treatment of the retaining walls for the project. Also, the
Consultant prepared additional traffic control plans and temporary
traffic signal plans.
2. Consultant shall be compensated for additional services performed
pursuant to this Agreement in the amount of $9,100. The Term of
this agreement shall terminate on the 31 st day of December 1999,
unless terminated earlier as set forth herein.
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
L J
1
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 1 on the date first above written.
CITY OF NEWPORT BEACH,
a municipal corporation
APPROVED AS TO FORM:
City Attorney
Homer Bludau, City Manager
CONSULTANT
MN
ATTEST:
LaVonne Harkless
City Clerk
Tetra Tech, Inc.
f. \users \pbw\shared\agreemenls \ty 99-00 \tetra tech- amendment -1.doc
City of Newport Beach NO. BA- 020
BUDGET AMENDMENT
9999 -00 AMOUNT:
FECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Budget Appropriations AND Decrease in Budgetary Fund Balance
PX Transfer Budget Appropriations PX No effect on Budgetary Fund Balance
SOURCE:
X from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To transfer appropriations from EIR/Preliminary Plans to the Jamboree/Eastbluff Improvements capital project. _
The funds are for additional design services by Tetra -Tech, Inc. _
There have been no prior budget amendments. _
ACCOUNTING ENTRY:
BUDGETARYFUND BALANCE
Fund Account Description
010 3605 Fund Balance Control
REVENUE APPROPRIATIONS (3601)
Fund/Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Division Number
Account Number
Division Number
Account Number
Signed:
ied:
Signed:
Amount _
Debit Credit
a
$9,100.00
AufMatte system Entry.
$9,100.00 .
Date
;�0
a
City Council Approval: City Clerk Date
Description
Division
Number
7181
Gas Tax
Account
Number
C5100070
EIR/Preliminary Plans
Division
Number
7181
Gas Tax
Account
Number
C5200421
Jamboree /Eastbluff Improvements
Division Number
Account Number
Division Number
Account Number
Signed:
ied:
Signed:
Amount _
Debit Credit
a
$9,100.00
AufMatte system Entry.
$9,100.00 .
Date
;�0
a
City Council Approval: City Clerk Date