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HomeMy WebLinkAboutC-2261 - Manage Implementation of the Upper Newport Bay Early Action PlanDATE July 24 r 1481 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2261 Description of Contract Management Implementation of the Upper Bay Early Action Plan - San Diego Creek Channel Effective date of Contract July 22, 1981 Authorized by Resolution No. 10088 , adopted on July 14, 1981 Contract with Donald C. Simpson, Engineer Adress Amount of Contract$ Not to exceed $15,000 WANDA E. ANDERSEN City Clerk City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 5 -81 � AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES TO MANAGE IMPLEMENTATION OF THE UPPER BAY EARLY ACTION PLAN THIS AGREEMENT is made and entered into this c-7,x?. -y; y(' .day of July, 1981, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and DONALD C. SIMPSON, Consulting Civil Engineer, hereinafter referred to as "ENGINEER." WITNESSETH WHEREAS, the CITY is performing the 208 Sediment Control Study for the Upper Newport Bay Watershed; and WHEREAS, the Study has recommended early action and interim plan facilities for the Upper Newport Bay which consist of deepening the San Diego Creek Channel from MacArthur Boulevard to approximately 2,400 feet north of Campus Drive; installing drop structures, weirs and low -flow drainage systems in the channel; and dredging downstream of Jamboree Road; said improvements are hereinafter referred to as "Project "; and WHEREAS, the CITY has retained Boyle Engineering Corporation to prepare plans and specifications for the Project; and WHEREAS, the CITY desires to manage implementation of the Early Action Plan; and WHEREAS, ENGINEER has submitted a proposal to the CITY (dated April 6, 1981) to perform engineering services necessary to manage implementa- tion of the Early Action Plan; and WHEREAS, the CITY entered into an agreement dated April 15, 1981, to provide said management services for a fee not to exceed $5,000; and WHEREAS, ENGINEER has been required to attend State budget hearings in Sacramento and more meetings than anticipated with various agencies in order to obtain permits for the Early Action Plan; and WHEREAS, compensation for the above mentioned services now totals $5,000 and is estimated to require an additional Fifteen Thousand Dollars ($15,000) before implementation of the Early Action Plan is completed; and WHEREAS, the CITY desires to enter into a new agreement with ENGINEER to extend management services as necessary to implement the Early Action Plan; 1 so 00 NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: I. 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 hereinafter set forth. II. Services to be Performed by ENGINEER A. Coordination and aid in obtaining funding from the State. B. Management of the design contract with Boyle Engineering. C. Management and other related activities necessary for processing the required permits. III. Duties of CITY Make available to ENGINEER such information as is available to Newport Beach which relates to the services to be performed by ENGINEER. IV. Term of Agreement The term of this Agreement shall be twelve (12) months from the date of execution. The term of this Agreement may be extended by mutual consent of the parties hereto. V. Right of Termination CITY reserves the right to terminate this Agreement at any time by giving ENGINEER seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepaid, addressed to the ENGINEER's business office at 1824 Port Margate, Newport Beach, California 92660. CITY agrees to compensate ENGINEER for the actual services per- formed up to the effective date of the notice of termination, on the basis of the hourly rate contained herein. VI. Fee and Payment A. In consideration of the performances of the above - described engineering services, CITY hereby agrees to pay ENGINEER an amount based on an hourly rate of Fifty Dollars ($50). In no event shall said amount be greater than Fifteen Thousand Dollars ($15,000), except as otherwise provided herein. 2 0 w RESOLUTION NO. I. U y cS 6 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND DONALD C. SIMPSON IN CONNECTION WITH MANAGEMENT SERVICES TO IMPLEMENT THE EARLY ACTION PLAN WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Engineering Services Agreement between the City of Newport.Beach and Donald C. Simpson, Consulting Civil Engineer in connection with management services to implement the Early Action Plan; and WHEREAS, the City Council has reviewed the terms and conditions of said Agreement and finds them to be satisfactory and that it would be in the best interest of the City to execute said Agreement, NOW, THEREFORE, BE IT RESOLVED by'the City Council of the City of Newport Beach that the 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. ATTEST: ty Cler ADOPTED this day of JUL 14 1981. Mayor HRC /pr 7/14/81 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES TO MANAGE IMPLEMENTATION OF THE UPPER BAY EARLY ACTION PLAN THIS AGREEMENT is made and entered into this / S day of April, 1981, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and DONALD C SIMPSON, Consulting Civil Engineer, hereinafter referred to as "ENGINEER." W I T N E S S E T H WHEREAS, the CITY is performing the 208 Sediment Control Study for the Upper Newport Bay Watershed; and WHEREAS, the Study has recommended early action and interim plan facilities for the Upper Newport Bay which consist of deepening the San Deigo Creek Channel from MacArthur Boulevard to approximately 2,400 feet north of Campus Drive; installing drop structures, weirs and low -flow drainage systems in the channel; and dredging downstream of Jamboree Road; said improvements are hereinafter referred to as "Project "; and WHEREAS, the CITY has retained Boyle Engineering Corporation to prepare plans and specifications for the Project; and WHEREAS, the CITY desires to manage implementation of the Early Action Plan; and WHEREAS, ENGINEER has submitted a proposal to the CITY (dated April 6, 1981) to perform engineering services necessary to manage implementa- tion of the Early Action Plan; and WHEREAS, the CITY has authorized ENGINEER to proceed with management service prior to execution of an agreement in order to coordinate the 208 Sediment Control Study and implementation of the Early Action Plan in a timely manner; and WHEREAS, the CITY desires to accept said proposal; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: I. General A. CITY engages ENGINEER to perform the services hereinafter described for the compensation herein stated. -1- a M B. CITY to compensate ENGINEER at hourly rate of Fifty Dollars ($50.00) per hour for services performed in managing im- plementation of the Early Action Plan prior to execution of Agreement, not to exceed One Thousand Dollars ($1,000.00). C. ENGINEER agrees to perform said services upon the terms hereinafter set forth. II. Services to be Performed by ENGINEER A. Coordination and aid in obtaining funding from the State. B. Management of the design contract with Boyle Engineering. C. Management and other related activities necessary for processing the required permits. III. Duties of CITY Make available to ENGINEER such information as is available to Newport Beach which relates to the services to be performed by ENGINEER. IV. Term of Agreement The term of this Agreement shall be twelve (12) months from the date of execution. The term of this Agreement may be extended by mutual consent of the parties hereto. V. Right of Termination CITY reserves the right to terminate this Agreement at any time by giving ENGINEER seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepaid, addressed to the ENGINEER's business office at 1824 Port Margate, Newport Beach, California 92660. CITY agrees to compensate ENGINEER for the actual services per- formed up to the effective date of the notice of termination, on the basis of the hourly rate contained herein. VI. Fee and Payment A. In consideration of the performances of the above - described engineering services, CITY hereby agrees to pay ENGINEER an amount based on an hourly rate of Fifty Dollars ($50.00). In no event shall said amount be greater than Five Thousand Dollars ($5,000.00), including the previously authorized amount not to exceed One Thousand Dollars ($1,000.00), except as otherwise provided herein. - 2 - r E 7= B. The contract amounts shall be paid to the ENGINEER as follows: 1. Monthly partial payments shall be based on the amount earned each month, as determined by the hourly rate. 2. In addition, CITY agrees to reimburse ENGINEER for the actual costs advanced for outside services contracted by the ENGINEER and for actual cost of reproduction and other related costs authorized in advance by the Public Works Director. VII. Additional Work Should ENGINEER complete any additional work not outlined in this Agreement, but authorized by CITY, the extra work shall be performed on the hourly rate basis as set forth in Section VI (Fee and Payment) above. VIII. Hold Harmless ENGINEER shall indemnify and save harmless CITY and its officers and employees from any damage or liability arising from any errors, omissions, or negligence in the ENGINEER's performance of the engineering work and services required by this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. ATTEST: City Clerk CITY OF NEWPORT BEACH B ayor NEWPORT BEACH DONALD C. SIMPSON, CONSULTING CIVIL ENGINEER By 3 ENGINEER RESOLUTION NO. 1.0 O 8�8 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND DONALD C. SIMPSON IN CONNECTION WITH MANAGEMENT SERVICES TO IMPLEMENT THE EARLY ACTION PLAN WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Engineering Services Agreement between the City of Newport.Beach and Donald C. Simpson, Consulting Civil Engineer in connection with management services to implement the Early Action Plan; and WHEREAS, the City Council has reviewed the terms and conditions of said Agreement and finds them to be satisfactory and that it would be in the best interest of the City to execute said Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the 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. ATTEST: City Clerk ADOPTED this day of ,H11 1 4 , 1981. Mayor HRC /pr 7/14/81 -R LL '' )) A14 orgp 1CTTNOUNCIL By tha Ci7Y COUNCIL CITY R86r14E~ %J4RMs Department M July 14, 1981 CITY COUNCIL AGENDA ITEM NO. SUBJECT: ENGINEERING SERVICES AGREEMENT TO MANAGE - IMPLEMENTATION OF THE UPPER NEWPORT BAY EARLY ACTION PLAN RECOMMENDATION: Adopt a resolution authorizing the Mayor and the City Clerk to execute the subject engineering services agreement with Donald C. Simpson, Consulting Civil Engineer. DISCUSSION: In April, 1981, the City entered into an agreement with Mr. Simpson to provide initial management services to implement the Early Action Plan, for a fee not to exceed $5,000. Mr. Simpson has attended several budget hearings in Sacramento and a large number of meetings with Boyle Engineering and with • various agencies in order to obtain permits for the project. Fees for his ser- vices now total $5,000, and are estimated to require an additional $15,000 before implementation of the Early Action Plan is completed. Terms of the agreement provide for the following services: 1. Coordination and aid in obtaining funding from the State. 2. Management of the design contract with Boyle Engineering. 3. Management and other related activities necessary for process- ing the required permits. The desired project schedule is to award a contract in September 1981, with construction completed in March 1982. Because of the extensive permit process required, it will be difficult to meet this schedule. However, every effort is being made to complete the design and permit processes as rapidly as possible. Funding for the project, including Mr. Simpson's services, is being provided from the grant funds. Benjamin B. Nolan Public Works Director JW: j d , CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 April 16, 1981 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2261 Description of Contract professional Engineering Services to Manage Implementation of the Upper Bay Early Action Plan Effective date of Contract April 15, 1981 Authorized by Resolution No. - , adopted on ?41f j 1991 Contract with Donald C. Simpson, Consulting Engineer Adress 1824 Port Margate Newport Beach, CA 92660 Amount of Contract $50.00 per hour, not to exceed $5,000, including the previously authori , Wanda E. Andersen City Clerk WEA:bf City Hall • 3300 Newport Boulevard, Newport Beach, California 92663