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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. HRC:yz ReOY wanted ❑ Reply not necessary p neaa ... -.._ \� IrlO 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 I amended as follows: follows: 0 (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. -2- Ll 0 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 -3- 0 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 -4- E • 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 -5- HRC:yz 4/22/76 5/4/76 0 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" 0 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. 0 0 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. 0 0 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 0 0 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 • 1 • 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 DDO /bc 6/10/76