HomeMy WebLinkAboutC-1819 - Engineering & surveying for West Newport Park (Oxbow Loop)CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE June 21 1976
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. iA14
Description of Contract p„ot�ng n a.,rvaKlpB aaroieea wagr NA Vnrt
"Oxbow Loop" area
Authorized by Resolution No. $?97 adopted on J,me 14, 1976
Effective date of Contract J�mu 14, 1976
Contract With Raab, MIn, Frnat X AAAnciataA
Address JAM mail Sr-, NawWrt RAarh CA 9 ?663
Amount of Contract Cog ecatrart
June 18, 1976
3 e.
MEMO TO THE FILE
Copy of Agreement with Raub, Bein, Frost & Assoc. was sent to
Hugh Coffin for transmittal to Raub, Bein Frost & Associates.
ATY OF NEWPORAEACH
MEMORANDUM: From HUGH R. COFFIN
2---- -DORIS GEORGE .... -- ....... -- .......... ----- May 24...197`6 .............. 18......
RE: West Newport "Oxbow Loop"
Attached hereto are two executed copies of an Agreement for
Professional Services (Engineering and Survey Services for
the West Newport "Oxbow Loop "). Please obtain the
appropriate signatures and return one copy to me. Thank you.
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oOyt, AGREEMENT FOR PROFESSIONAL SERVICES
yL (ENGINEERING AND SURVEY SERVICES
RP�y FOR THE WEST NEWPORT "OXBOW LOOP ")
THIS AGREEMENT is made and entered into this
day of 1976, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as
"City" and RAUB, BEIN, FROST & ASSOCIATES, hereinafter referred
to as "Engineers"
W I T N E S S E T H:
WHEREAS, City has determined that it is desirable
and necessary to have prepared a preliminary investigation,
final location and topographic survey and the preparation of
a final detailed survey map and report for the West Newport
"Oxbow Loop "; and
WHEREAS, the completed performance of said work will
supply technical and historic data for the location of tide-
lands within the West Newport area; and
WHEREAS, Engineer is qualified to undertake and
complete such survey, and has submitted a written proposal dated
September 30, 1975; and
WHEREAS, City desires to accept said proposal;
NOW, THEREFORE, IN CONSIDERATION of the premises, the
parties hereto agree as follows:
1. General. (a) City engages Engineer to perform
the services hereinafter described for the compensation herein
stated.
(b) Engineer agrees to perform said services upon
the terms and conditions hereinafter set forth.
2. Services to be Performed by Engineer. Engineer
hereby agrees to perform the services as outlined in the
proposal dated September 30, 1975, a copy of which is attached
hereto and marked Exhibit "A" and which is incorporated herein by
this reference as if fully set forth. Said proposal is specifically
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amended as follows:
follows:
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(a) Paragraph 5(c) is amended to read as follows:
"The third consist of areas covered, or covered
and uncovered, by water historically, but as a
result of artificial filling, are presently
not covered, or covered and uncovered, by water,
(hereinafter referred to as "artificial areas ").
The extent of the artificial areas will be
determined by Engineer based upon historical
data believed to be relevant to this determina-
tion. An example is the filled land located
on the southerly bank of Oxbow Loop near its
connection with the main Santa Ana River (the
trailer park area.)."
(b) Paragraph 6(e) is hereby amended to read as
"Engineer shall place as an overlay on the Map
the location of the historic mean high tide line
for the Artificial Area and the Dry Area. For
purposes of this contract, the historic mean
high tide line is Engineer's best approximation
of the mean high tide line for the Artificial
Area and Dry Area before it became dry by
virtue of artificial causes."
(c) Phase VI, Tie to California Coordinate System
Phase, is hereby specifically deleted from said proposal.
(d) Compensation for Phase VI, Tie to California
Coordinate System is hereby specifically deleted from the proposal.
If conflicts occur between this Agreement and said
proposal, the terms of this Agreement shall control. The Engineer
agrees to coordinate its activities with the Public Works Director
of the City of Newport Beach, the City Attorney of the City of
Newport Beach and the office of the Attorney General of the State
of California, as needed.
3. Duties of City. City hereby agrees to supply
Engineer with such information, materials and consultation
services as are reasonably necessary to provide Engineer with
data, maps, and other relevant materials owned or controlled by
City for preparation of the work hereunder.
4. Ownership of Project Documents. Original drawings,
reports, maps, notes, photographs and other documents shall
become the property of City and may be reproduced as deemed
necessary by City.
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5. Engineer in Charge. William J. Frost, licensed
Land Surveyor in the State of California (No. 3109) shall be
Engineer in charge of the project and the preparation of all
materials thereunder.
6. Right of Termination. City reserves the right to
terminate this Agreement at any time by giving Engineer Five
(5) working days prior written notice. Notice shall be deemed
served on Engineer two (2) days after deposit in the United
States Mail postage prepaid, addressed to Engineer's office at
P.O. Box 2590, Newport Beach, California 92663. In the event
of termination due to fault of Engineer, City shall be relieved
of any obligation to compensate Engineer beyond compensation
paid to Engineer prior to termination. If this Agreement is
terminated for any reason other than fault of Engineer, City
agrees to compensate Engineer for the actual services performed
to the effective date of the Notice of Termination, on the basis
of the fee schedule contained in the proposal.
7. Completion of Work. Engineer agrees to completes,
all work described herein within six (6) months after notice
to proceed, but will use all due diligence to complete work
prior to August 1, 1976.
8. Fee Schedule and Payment. (a) In consideration
of the above described Engineering services, City agrees to
pay Engineer an amount based upon the hourly rate set forth
in the proposal. In no event, however, shall the total compensa-
tion exceed Twenty -One Thousand, Two Hundred Dollars ($21,200.00),
except as provided in Paragraphs 9 and 11 below.
(b) The contract amount shall be paid to Engineer
as follows:
1. Engineer will submit monthly progress billings
based upon a percentage of completion of each Phase
of the project and monthly partial payments shall be
based on the amount earned in each month, as determined
by the fee schedule. The sum of the monthly partial
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payment is not to exceed ninety percent (90 %) of
the maximum fee.
2. The balance of the total amount earned shall
be paid upon acceptance of the final report by the
Public Works Director and City Attorney, acceptance
will not be unreasonably withheld.
3. City agrees to reimburse Engineer for the
actual cost of blueprints and reproductions, filing
fees, checking fees or other related charges advanced
by Engineer, and other related costs authorized by
the Public Works Director and City Attorney and
advanced by Engineer.
9. Amendments. The scope of the services to be
furnished by Engineer may be changed and the maximum fee
revised upon prior written approval of the Public Works Director
and City Attorney if the increase in the maximum fee does not
exceed Two Thousand One Hundred Twenty Dollars ($2,120.00).
If revisions of the scope of the services result in an increase
in the maximum fee exceeding Two Thousand One Hundred Twenty
Dollars C,2, 120.00), an amendment to this Agreement providing
for such revisions shall be processed and executed by the parties
hereto.
10. Additional Work. Any additional work relating
to court testimony or consultation, legal descriptions, sketches,
survey or map revisions due to project concept changes or additions,
shall be authorized by the City Attorney based upon the fee
schedule set out in said proposal.
11. Fee Schedule Increases. For work not completed
prior to August 1, 1976, Engineer may increase the unbilled
portion of the maximum fees by ten percent (10 %).
12. Hold Harmless
Engineer shall indemnify and hold
harmless City, its officers and employees, from any damage or
liability arising from any errors, omissions, or negligence and
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Engineer's performance of this Agreement, or in the engineering
work services herein provided, provided, however, the total
aggregate liability shall not exceed Fifty Thousand Dollars
($50,000.00).
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be made and executed the day and year first
above written.
ATTEST:
City Clerk
CITY OF NEWPORT BEACH, A
Municipal Corporation
By
Mayor
RAUB, BEIN, FROST & ASSOCIATES
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September 30, 1975
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
1'
'4590ci rites
Attention: Mr. Hugh R. Coffin, Assistant City Attorney
Gentlemen:
In accordance with your letter of September 16, 1975, we would like to
submit our proposal for the engineering and surveying services for the
completion of a preliminary investigation, final location and topographic
survey, and the preparation of a final detailed survey map and report for
the West Newport "Oxbow Loop".
It is our understanding that on behalf of the respective clients, the City of
Newport Beach, the State of California acting by and through the State Lands
Commission, and Beeco, Ltd. (see Client Listing below), the City intends
to set a survey line or lines on the northerly and southerly banks of that
portion of the Santa Ana River commonly known as "Oxbow Loop ". The
general location of Oxbow Loop is northerly of the Newport Shores develop-
ment and the Pacific Coast Highway, within the southerly portion of the
Beeco, Ltd. property and easterly of the Santa Ana River Channel, as
depicted by a red line on the attached aerial photograph, Exhibit "A ".
1. Client Listing
City of Newport Beach
Office of the City Attorney of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
Attention: Mr. Hugh R. Coffin
State of California
Office of the Attorney General
Department of Justice
800 Tishman Building
3580 Wilshire Boulevard
Los Angeles, California 90010
Attention: Mr. Jerold A. Krieger
EXHIBIT "A"
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Letter Proposal September 30, 1975
City of Newport Beach Page 2
Beeco, Ltd.
Nossaman, Waters, Krueger, Marsh & Riordan
445 South Figueroa Street
30th Floor
Los Angeles, California 90017
Attention: Mr. Howard D. Coleman
The authorization for the preparation and contents of this proposal, as out-
lined below, is contained in your letter dated June 26, 1975, Reference:
Oxbow Loop, and signed by all three clients as amended by the letters from
the City of Newport Beach dated June 30, 1975 and September 16, 1975,
both referenced Oxbow Loop and signed by Mr. Hugh R. Coffin, and as
amended by the letter from the Offices of the Attorney General dated
August 14, 1975, Referenced: Oxbow Loop, and signed by Jerold A.
Krieger.
Purpose of Survey
The purpose of the survey lines is to form one of the bases for
discussions of a proposed boundary line agreement which may result in
setting not only the southerly extent of Rancho Santiago de Santa Ana, but
also in determining the location of those sovereign tide and submerged lands
presently held by the City pursuant to grants from the State in public
trust within Oxbow Loop. It is understood and agreed that none of the
parties will in any way be bound by any survey line which is set and that
such survey line shall not constitute an admission or acceptance by any of
the parties or evidence of the location of any boundary, tidal line or tidal
elevation.
3. Time of Survey
Within two weeks after execution of a final contract, Engineer
will commence the work assignments in accordance with accepted engineer-
ing practices in Southern California andwith this contract, andwill complete
the work assignments as soon as practicable, but in no event later than
March 29, 1976. Twenty -five (25) copies of the Map and Report shall be
prepared and delivered to the City Attorney of the City of Newport Beach
who shall distribute them to the State and Beeco, Ltd.
4. Definition of Mean High Tide
For purposes of this contract, the term "mean high tide" shall
mean the elevation of 1. 90 feet above the 1929 Mean Sea Level datum plane,
as adjusted, as an approximation based upon the elevation at Balboa Pier
and the Inner Bay. None of the parties would be bound by this elevation,
but it will be used as a base elevation for the survey.
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Letter Proposal September 30, 1975
City of Newport Beach Page 3
areas:
Survey Area
Oxbow Loop for purposes of engineer's work consists of four
(a) The first area is that presently covered, or covered and
uncovered, by water on a permanent basis (hereinafter
referred to as "Water Area "). The extent of the Water
Area can be approximated by a visual inspection of Ox-
bow Loop.
(b) The second is the easterly area of Oxbow Loop adjacent
to the Pacific Coast Highway not presently covered, or
covered and uncovered, by water, but historically so
covered (hereinafter referred to as "Dry Area "). The
Dry Area is generally depicted by the blue cross - hatched
area on the photograph.
(c) The third consists of area: covered, or covered and un-
covered, by water on or prior to 1927, but as a result of
artificial filling, are presently not covered, or covered
and uncovered, by water (hereinafter referred to as "Ar-
tificial Areas "). The extent of the Artificial Areas will
be determined by Engineer based upon historical data
believed to be relevant to this determination. An ex-
ample is the filled land located on the southerly bank
of Oxbow Loop near its connection with the main Santa
Ana River (the trailer park area).
(d) The fourth area is that portion of the northerly bank of
Oxbow Loop, designated by a double line on the photo-
graph where a tributary slough intersects with the main
channel of Oxbow Loop (hereinafter referred to as "Con-
nection Area ").
Work Assignment
Engineer shall undertake the following tasks:
(a) Survey the mean high tide line of the Water Area and a
contour line one foot above and one foot below the mean
high tide line on the ground of the Water Area for the
southerly bank of the Oxbow Loop, and prepare a map
reflecting this survey (hereinafter referred to as "Map' ).
(b) On the Beeco, Ltd. side of the Oxbow Loop, survey the
bank line and the normal ground level within 20 feet of
the channel and, in order to complete the survey around
Letter Proposal
City of Newport Beach
September 30, 1975
Page 4
the curve of the bank in the slough area, Engineer will
use the width of the bank on either side of the opening,
to continue the bank at approximately the same or av-
erage width in relation to the south bank across the mouth
of the slough at the connection area.
(c) Engineer will use the Newport Beach coordinate system.
However, if requested by client, the survey may be ex-
panded to tie to the California system of coordinates.
If the survey is expanded, Engineer shall include ties
to at least four monuments found in a location as set forth
on the tract map of Tract Number 772, sufficient to re-
late the tide line to said tract map. If client desires
Engineer to complete this phase of the work, client shall
provide engineer with the necessary information regard-
ing the National Geodetic Survey Stations which are to
be used in completing the survey tie into the California
coordinate system.
(d) Engineer shall prepare a map which graphically shows
the survey results. The Map should also depict any Supe-
rior Court judgment lines pertinent to the survey area.
The map shall show contour lines within the Dry Area
and along the Beeco, Ltd. side of the Channel within the
Water Area as determined by cross sections every 100
feet or less, as is necessary to accurately depict said
contours.
(e) Engineer shall place as an overlay on the Map the loca-
tion of the historic mean high tide line for the Artificial
Area and the Dry Area. For purposes of this contract,
the historic mean high tide line is Engineer's best ap-
proximation of the mean high tide line for the Artificial
Area and Dry Area before it became dry by virtue of
natural or artificial causes.
(f) Engineer shall determine the headland -to- headland line
for the Connection Area and depict this line on the Map.
Substantial and permanent monuments shall not be placed
under this contract by Engineer at or near each headland
since they cannot be precisely located until final line of
agreement has been determined in this area.
(g) As an overlay to the Survey Map, Engineer shall depict
the mean high tide line, excluding therefrom that por-
tion of the tide line contiguous to the Artificial area
and connect this line to the historic mean high tide line
for the Artificial area, Dry Area, and the head -to -head
line for the Connection Area.
Letter Proposal
City of Newport Beach
September 30, 1975
Page 5
(h) Engineer shall position the top and toe of the dry bank in
the Dry Area.
(i) The lines shown on the map by Engineer pursuant to the
above instructions are to be compared with the present
vegetation line by means of an overlay using the most
recent aerial photograph available, the tract map on the
south side of Oxbow Loop, and with any other lines En-
gineer deems relevant.
(j) Engineer shallprepare a final report explaining the basis
for the lines and elevations determined, together with a
list of documents and other data used, including a brief
explanation as to how they were used.
Engineer proposes to complete the engineering and surveying services set
forth herein in the following six phases and in accordance with the refer-
enced letters.
PHASE I. Investigation and Research
(a) Accumulation, study, cataloging, and determination of
available pertinent surveys, documents, aerial photo-
graphs, maps and historical records.
(b) Set forth recommended areas of stipulation by clients for
horizontal and vertical base datums, as well as survey
control data to be used for survey.
PHASE II. Survey Phase
(a) Complete the field survey work specified herein.
PHASE III. Aerial Photography Phase
(a) Provide a recent vertical aerial photograph of the survey
site.
PHASE IV. Consulting Phase
(a) Provide consultation including attendance at up to three
client staff meetings during and upon presentation of final
report for the interpretation and presentation of the sur-
vey data and map.
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Letter Proposal
City of Newport Beach
PHASE V. Final Report Phase
September 30, 1975
Page 6
(a) Preparation of the final report containing specified sur-
vey to be retained.
PHASE VI. Tie To California Coordinate System Phase
(a) Provide a physical tie through field survey methods be-
tween the subject survey and two existing triangulation
stations within the California System of Coordinates as
designated by the State Lands Division.
Engineer proposes to perform the engineering and surveying services set
forth herein in six phases, with the work being completed on a per diem
basis with the charges based on 2. 5 times the direct payroll cost invoiced
monthly; however, the total budget amount for the overall fee for the six
phases outlined below 'shall be approximately Twenty -Three Thousand,
Seven Hundred ($23,700.00) Dollars, plus the direct costs of blueprints
and reproductions, filing fees, checking fees, or other related charges
advanced by Engineer.
PHASE I
Investigation and Research Phase
$
3,900.00
PHASE II
Survey Phase
$
7,900.00
PHASE III
Aerial Photography Phase
$
900.00
PHASE IV
Consultation Phase
$
1,000.00
PHASE V
Final Report Phase
$
7,500.00
PHASE VI
Tie to California Coordinates
$
2,500.00
TOTAL FOR ALL PHASES
$23,700.00
Any additional work, authorized by City, such as court related
testimony or consultation, legald descriptions, sketches, survey or map
revisions due to project concept changes or additions, will be done on a
per diembasis in accordance with the hourly rate schedule set forth below:
Professional Consultation Related $50.00 per hour
to Court Testimony
Consultation and Registered Engineer $40. 00 per hour
Engineering, Design Calculations and $30. 00 per hour
Supervision
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Letter Proposal
City of Newport Beach
Drafting
Technician
Field Survey Crew (3 man)
September :30, 1975
Page, 7
$21. 00 per hour
$15. 00 per hour
$70. 00 per hour
NOTE: These hourly rates will be subject to a 10 percent increase
each ensuing August 1st, beginning August 1, 1976 until comple-
tion of the project, due to contracts presently in force. Should
City authorize work at overtime rates, the rates set forth above
will be increased to 1 -1/2 times the amounts shown.
Engineer reserves the right to increase the unbilledportion of the maximum
fees by 10 percent per year, or to terminate this agreement and renego-
tiate the costs as provided herein should any of the work outlined in this
proposal still need to be completed on August 1, 1976.
Engineer shall submit to Client monthly progress billings based on percent-
age of completion for each phase of the project.
The Client agrees to limit the Engineer's liability to the Client and to all
other contractors and subcontractors on the project, to the Enineer's neg-
ligent acts, errors or omissions, such that the total aggregate liability
of the Engineer to all those named shall not exceed $50, 000. 00, or the
amount of the Engineeer's fee, whichever is greater.
Engineer will assign Mr. William J. Frost as the Project Engineer re-
sponsible for the completion of the services set forth herein. Mr. Frost
is a Licensed Land Surveyor in the State of California (No. 3109) and has
over 25 years of experience in the land surveying field, mainly in the
Newport Beach, Orange County area.
We very much appreciate the opportunity to be considered for this unique and
challenging survey project and hope that our proposal meets with your
approval.
If you have any questions or need any further information in analyzing our
proposal, please call me.
WJF:bs
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RESOLUTION NO. S 6 9 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND RAUB, BEIN,
FROST & ASSOCIATES IN CONNECTION WITH THE
ENGINEERING AND SURVEYING SERVICES FOR THE
WEST NEWPORT "OXBOW LOOP" AREA
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between
the City of Newport Beach and Raub, Bein, Frost & Associates
in connection with the engineering and surveying services for
the West Newport "Oxbow Loop" area; and
WHEREAS, the City Council has reviewed the terms
and conditions of said agreement and finds them to be satis-
factory and that it would be in the best interest of the City
to authorize the Mayor and City Clerk to execute said agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said agreement above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 14th day of June , 1976.
Mayor
ATTEST:
City Clerk
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6/10/76