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Home My WebLink AboutC-2333 - Geological Inspection Services AgreementDATE: CITY OF NEWPORT BEACH May 4, 1982 OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2333 Description of Contract Agreement for Geotechnical Inspection Services for Upper Newport Bay Early Action Plan and Pilot Marsh Restoration Project Effective date of Contract April 30, 1982 Authorized by Resolution No. Min. Act, adopted on 4/26/82 Contract with Moore & Taber, Consulting Engineer & Geologist Address 4530 E. La Palma Anaheim CA 92807 Amount of Contract See Agreement Wanda E. Andersen City Clerk WEA: lr City Hall • 3300.Newport'Boulevard, Ne 0 AGREEMENT FOR GEOTECHNICAL INSPECTION SERVICES FOR UPPER NEWPORT BAY EARLY ACTION PLAN AND PILOT MARSH RESTORATION PROJECT THIS AGREEMENT is made and entered into this ,,�Zkl day of April, 1982, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and the firm of MOORE AND TABER, Consulting Engineers and Geologists, hereinafter referred to as "ENGINEER." W I T N E S S E T H WHEREAS, CITY is administering a construction contract to implement the Upper Newport Bay Early Action Plan and Pilot Marsh Restoration Project; and WHEREAS, CITY has entered into an agreement with The Irvine Company to allow placement of material excavated from the Upper Newport Bay and San Diego Creek on Irvine Company property (Site "A ") adjacent to Jamboree Road; and WHEREAS, under terms of the Site "A" agreement the CITY agreed to provide geotechnical services and report certifying that material is placed on Site "A" in accordance with the contract plans and specifications; and WHEREAS, ENGINEER has submitted a proposal to CITY (dated April 14, 1982) to perform necessary geotechnical services to inspect the placement of material on Site "A" and prepare a report certifying that the material has been placed -in accordance with the contract plans and specifications for Contract No. 2276 on file in the City Public Works Department; and WHEREAS, 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. B. ENGINEER agrees to perform said services upon the terms hereinafter set forth. 1 of 4 a 0 II. Services to be Performed by ENGINEER A. Observation of soil excavation. B. Observation of Site "A" preparation prior to placement of fill. C. Observation of the placement of fill on Site "A ". D. Laboratory and field density compaction test to verify that material is placed in accordance with project specifications. E. Periodic site visits by a geotechnical engineer to observe and evaluate actual site conditions. F. Weekly progress reports and test results. G. At the conclusion of grading, submit a final report (five copies) summarizing the work completed, results of the field density tests taken, and certifying that the fill was placed in accordance with the project plans and specifications. 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 terms of this Agreement may be ex- tended 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 4530 East La Palma Avenue, Anaheim, California 92807. CITY agrees to compensate ENGINEER for the actual services - performed up to the effective date of the notice of termination, on the basis of the hourly rate contained herein. VI, Fee Schedule and Payment In consideration of the performance of the above - described engineering services, CITY hereby agrees to pay ENGINEER an 2of4 1 • I � I • • amount based upon the hourly rate schedule set forth below. In no event shall said amount be greater than Fifty Thousand Dollars ($50,000) except as otherwise provided herein. A. Hourly rates for office and field personnel shall be as follows: CLASSIFICATION RATE Principal Engineer or Engineering Geologist $ 72.00 /hour - Supervising Civil Engineer or Engineer- ing Geologist 60.00 /hour Project Manager 48.00 /hour . Project Engineer or Project Engineer- ing Geologist 34.00 /hour Soil Technician (Fill Observation and Testing) 30.00 /hour . Technical Assistant 20.00 /hour Secretary 27.00 /hour Draftsman 36.00 /hour Laboratory Testing (Equipment and Personnel) 36.00 /hour Vehicle Use 3.00 /hour Per Diem for Company Personnel 44.00 /hour Court Testimony and Depositions 75.00 /hour Outside Services and Equipment Rental (Backhoe, Drill Rigs, Etc.) Cost + 12% B. The contract amount shall be paid to ENGINEER as follows: 1. Monthly partial payments shall be based on the amount earned each month, as determined by the fee schedule. 2. In addition, CITY agrees to reimburse ENGINEER for the actual costs advanced for outside services contracted by the ENGINEER and for actual costs of reproduction, and computer services, and other related costs author- ized in advance by the Public Works Director. VII. SCOPE OF WORK REVISIONS The scope of services under this Agreement have estimated that the grading work to be performed by the Contractor will not exceed one hundred (100) working days. If grading continues beyond the assumed period, the maximum fee may be revised. If the increase in the maximum fee does not exceed Five Thousand Dollars ($5,000), it may be revised upon written approval of the Public Works Director. If the increase in the maximum fee should exceed $5,000, an amendment providing for such revisions shall be processed and executed by the parties hereto. 3of4 • • 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 APPROVED AS TO FORM: VV City Attorney I /// CITY OF NEWPORT BEACH By a or Pr,4 Te NEWPORT BEACH MOORE AND TABER, CONSULTING ENGINEER AND GEOLOGISTS By r, iii rs: By 4of4 NEER ENGINEER • • C - a-333 April 26, 1982 Q SQL L�� CITY COUNCIL AGENDA ITEM N0. - C ) APR 26 1982 TO: CITY COUNCIL G ,' vUNCIL FROM: Public Works DepartmeC[ Y 0:' "` "„ MCOH SUBJECT: AGREEMENT FOR GEOTECHNICAL INSPECTION SERVICES FOR THE UPPER NEWPORT BAY EARLY ACTION PLAN AND PILOT MARSH RESTORATION COMBINED PROJECT RECOMMENDATION: Approve the agreement and authorize the Mayor and the City Clerk to execute the agreement DISCUSSION: The City Council awarded a contract for the Upper Newport Bay Early Action Plan and Pilot Marsh Restoration project to the J. W. Mitchell Co. on April 12, 1982. Under the terms of an agreement with The Irvine Company which allows for the placement of excavated material on Irvine Company property, the City is required to inspect placement of the material and provide a geotechni- cal report verifying that the material has been placed in accordance with the project specifications. A proposal has been requested and received from Moore and Taber, Consulting Engineers and Geologists, to provide geotechnical services neces- sary to inspect placement of material on The Irvine Company property (Site "A ") and provide a geotechnical report verifying that the material has been placed in accordance with the project specifications. Compensation will be based on standard hourly rates, with a_total fee not to exceed $50,000. The maximum fee is based on an estimated construction schedule of 100 working days for placement of material. If "the actual construction time exceeds 100 working days, an amended agreement will be required to provide for the addi- tional geotechnical services. Terms of the agreement provide for the following services: A. Observation of soil excavation. B. Observation of Site "A" preparation prior to placement of fill. C. Observation of.the placement of fill on Site "A ". D. Laboratory and field density compaction test to verify that material is placed in accordance with project specifications. E. Periodic site visits by a geotechnical engineer to observe and evaluate actual site conditions. F. Weekly progress reports and test results. 9 0 April 26, 1982 Subject: Agreement for Geotechnical Inspection Services for the Upper Newport Bay Early Action Plan and Pilot Marsh Restoration Combined Project Page 2 G. At the conclusion of grading, submit a final report (five copies) summarizing the work completed, results of the field density tests taken, and certifying that the fill was placed in accordance with the project plans and specifications. Funding for these services is provided in the current budget from grant funds and the Department of Fish and Game funds. 4��) - , 4J )44 Benjamin B. Nolan Public Works Director JSW:jd