HomeMy WebLinkAboutC-2433(A) - Opal Avenue Storm Drain, Engineering AgreementCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
EO. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: VINANCE DIRECTOR
FROM: CITY CLERK
DATE: November 12, 1986
SUBJECT: Contract No. C- 2433(A)/C- 2584(A)
Description of Contract Engineering Agreement for the Design
of Opal Avenue and Amethyst Avenue Storm Drains
Effective date of Contract November 12, 1986
Authorized by Minute Action, approved on November 10, 1986
Contract with RMG Engineering, Inc.
Address 17961 -A Cowan
Irvine, CA 92714
Amount of Contract (See Agreement)
ef /61e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
0
CG
0 0
c -223:3
ENGINEERING AGREEMENT
THIS AGREEMENT, entered into this /�i day of
198 6 , by and between the CITY OF NEWPORT BEACH, a
municipal corporation, (hereinafter referred to as "CITY ") and
RMG ENGINEERING, INC., whose address is 17961 -A Cowan Street,
Irvine, CA 92714 (hereinafter referred to as "ENGINEER "), is
made with reference to the following:
R E C I T A L S
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 now being conducted
under the Statutes of the State of California and the Charter of
the City.
B. CITY and ENGINEER desire to enter into a
professional services agreement for Opal Avenue Storm Drain and
Amethyst Avenue Storm Drain upon the terms and conditions set
forth herein:
NOW, THEREFORE, it is mutually agreed by and between
CITY and ENGINEER as follows:
SECTION 1. SERVICES TO BE PERFORMED BY ENGINEER
ENGINEER shall perform each and every service set forth
in Exhibit "A" which is attached hereto and incorporated herein
by this reference.
SECTION 2. TIME AND COMPLETION
ENGINEER shall complete all services set forth in
Exhibit "A" on or before April 10, 1987.
SECTION 3. COMPENSATION TO ENGINEER
ENGINEER shall be compensated for services performed
pursuant to this Agreement in the amount and manner set forth in
Exhibit "B" which is attached hereto and incorporated herein by
this reference.
-I-
0 0
SECTION 4. STANDARD OF CARE
ENGINEER agrees to perform all services hereunder in a
manner commensurate with the community professional standards and
shall be performed by qualified and experienced personnel.
SECTION 5. INDEPENDENT PARTIES
CITY and ENGINEER intend that the relation between them
created by this Agreement is that of employer- independent
contractor. The manner and means of conducting the work are
under the control of ENGINEER, except to the extent they are
limited by statute, rule or regulation and the express terms of
this Agreement. No Civil Service status or other right of
employment will be acquired by virtue of ENGINEER'S services.
None of the benefits provided by CITY to its employees, including
but not limited to unemployment insurance, workers' compensation
plans, vacation and sick leave, are available from CITY to
ENGINEER, its employees or agents. From any fees due ENGINEER,
deductions shall not be made for any state or federal taxes, FICA
payments, PERS payments, or other purposes normally associated
with an employer- employee relationship. Payment of the above
items, if required, are the respnsibility of ENGINEER.
SECTION 6. HOLD HARMLESS
ENGINEER shall indemnify 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, whatsoever, including reasonable attorneys'
fees, regardless of the merit of any such claim or suit, arising
from or in any manner connected to ENGINEER'S negligent
performance of services or work conducted pursuant to this
Agreement.
ENGINEER shall indmenify and hold harmless CITY, its
City Council, boards and commissions, officers and employees from
and against any and all claims and losses whatsoever, including
-2-
! 0
reasonable attorneys' fees, accruing or resulting to any and all
persons, firms or corporations furnishing or supplying work,
services, materials, equipment or supplies arising from or in any
manner connected to the ENGINEER'S negligent performance of
services or work conducted or performed pursuant to this
Agreement.
SECTION 7. INSURANCE
On or before the commencement of the term of this
Agreement, ENGINEER shall furnish CITY with certificates showing
the type, amount, class of operations covered, effective dates
and dates of expiration of insurance coverage. Such
certificates, which do not limit ENGINEER'S indemnification,
shall also contain substantially the following statement: "The
insurance covered by this certificate will not be cancelled by
the insurer except after ten (10) days' written notice has been
received by the City of Newport Beach."
It is agreed that ENGINEER shall maintain in force at
all times during the performance of this Agreement all
appropriate coverage of insurance required by this Agreement with
a responsible insurance company that is acceptable to the City of
Newport Beach and licensed to do insurance business in the State
of California.
A. INSURANCE COVERAGE REQUIRED
1. Workers' Compensation. Statutory coverage as
required by the State of California.
2. Liability. Comprehensive general and automotive
liability coverage in the following minimum limits:
Bodily injury $250,000 each person
$500,000 each occurrence
$500,000 aggregate
Property Damage $100,000 each occurrence
$250,000 aggregate
A combined single limit policy with aggregate limits in
the amount of $1,000,000 will be considered equivalent to the
required minimum limits shown above.
-3-
3. Errors and Omissions
0
Professional liability
coverage of $1,000,000 minimum.
B. SUBROGATION WAIVER
ENGINEER agrees that in the event of loss due to any of
the perils for which it has agreed to provide comprehensive
general and automotive liability insurance, that ENGINEER shall
look solely to its insurance for recovery. ENGINEER hereby
grants to CITY, on behalf of any insurer providing comprehensive
general and automotive liability insurance to either ENGINEER or
CITY with respect: to the services of ENGINEER herein, a waiver of
any right of subrogation which any such insurer of said ENGINEER
may acquire against CITY by virtue of the payment of any loss
under such insurance.
C.
FAILURE
TO
SECURE
If
ENGINEER
at
any time
during the
term hereof, should
fail to secure or maintain the foregoing insurance, CITY shall be
permitted to obtain such insurance in ENGINEER'S name or as an
agent of ENGINEER, and shall be compensated by ENGINEER for the
costs of such insurance at the maximum rate permitted by law
computed from the date written notice is received that such costs
have been paid.
D. ADDITIONAL INSURED
CITY, its City Council, boards and commissions,
officers and employees shall be named as an additional insured
under all insurance coverages except professional liability
required by this Agreement. The naming of an additional insured
shall not affect any recovery to which such additional insured
would be entitled under this policy if not named as such
additional insured; and an additional insured named herein shall
not be held liable for any premium or expense of any nature on
this policy or any extension thereof
-4-
Any other insurance held
by an additional insured shall not be required to contribute
anything toward any loss or expense covered by the insurance
provided by this policy.
SECTION 8. PROHIBITION AGAINST TRANSFERS
ENGINEER shall not assign, sublease, hypothecate, or
transfer this Agreement or any interest therein directly or
indirectly, by operation of law or otherwise, without the prior
written consent of CITY; any attempt to do so without said
consent shall be null and void, and any assignee, sublessee,
hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of ENGINEER, or
of the interest of any general partner or joint venturer or
syndicate member of cotenant of ENGINEER is a partnership or
joint venturer or syndicate or cotenancy, which shall result in
changing the control of ENGINEER, shall be construed as an
assignment of this Agreement. Control means fifty percent (50 %)
or more of the voting power of the corporation.
SECTION 9. PERMITS AND LICENSES
ENGINEER, at its sole expense, shall obtain and
maintain during the term of this Agreement, all appropriate
permits, licenses and certificates that may be required in
connection with the performance of services hereunder.
SECTII3N 10. REPORTS
Each and every report, draft, work - product, map, record
and other document reproduced, prepared or caused to be prepared
by ENGINEER pursuant to or in connection with this Agreement
shall be the exclusive property of CITY.
No report, information or other data given to or
prepared or assembled by ENGINEER pursuant to this Agreement
shall be made available to any individual or organization by
-5-
9
ENGINEER without prior approval of CITY.
EJ
ENGINEER shall, at such time and in such form as CITY
may require, furnish reports concerning the status of services
required under this Agreement.
SECTION I1. RECORDS
ENGINEER shall maintain complete and accurate records
with respect to costs, expenses, receipts and other such
information required by CITY that relate to the performance of
services under this Agreement.
ENGINEER shall maintain adequate records on services
provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance
with generally accepted accounting principles and shall be
clearly identified and readily accessible. ENGINEER shall
provide free access to the representatives of CITY or its
designees at all proper times to such books and records, and
gives CITY the right to examine and audit same, and to make
transcripts therefrom as necessary, and to allow inspection of
all work, data, documents, proceedings and activities related to
this Agreement. Such records, together with supporting
documents, shall be kept separate from other documents and
records and shall be maintained for a period of three (3) years
after receipt of final payment.
SECTION 12. 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 personally or on the second
business day after the deposit thereof in the United States mail,
postage prepaid;, registered or certified, addressed as
hereinafter provided.
Q.
9 0
All notices, demands, requests, or approvals from
ENGINEER to CITY shall be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
All notices, demands, requests, or approvals from CITY
to ENGINEER shall be addressed to ENGINEER at:
RMG Engineering, Inc.
17961 -A Cowan Street
Irvine, CA 92714
Attention: James Bolton, P.E.
SECTION 13. TERMINATION
In the event ENGINEER hereto fails or refuses to
perform any of the previsions hereof at the time and in the
manner required 'hereunder, ENGINEER shall be deemed in default in
the performance of this Agreement. If such default is not cured
within a period of five (5) days after receipt by ENGINEER from
CITY of written notice of default, specifying the nature of such
default and the steps necessary to cure such default, CITY may
terminate the Agreement forthwith by giving to the ENGINEER
written notices thereof.
CITY shall have the option, at its sole discretion and
without cause, of terminating this Agreement by giving thirty
(30) days' written notice to ENGINEER as provided herein. Upon
termination of this Agreement, each party shall pay to the other
party that portion of compensation specified in this Agreement
that is earned and unpaid prior to the effective date of
termination.
SECTION
14.
COST OF
LITIGATION
If any
legal
action
is necessary to enforce any
provision hereof or for damages by reason of an alleged breach of
any provisions of this Agreement, the prevailing party shall be
entitled to receive from the losing party all costs and expenses
in such amount as the court may adjudge to be reasonable
attorneys' fees.
-7-
9 0
SECTION 15. ADVERTISEMENT
ENGINEER shall not post, exhibit, display or allow to
be posted, exhibited, displayed any signs, advertising, show
bills, lithographs, posters or cards of any kind unless prior
written approval has been secured from CITY to do otherwise.
SECTION 16. COMPLIANCES
ENGINEER shall comply with all laws, state or federal,
and all ordinances, rules and regulations enacted or issued by
CITY.
SECTION 17. NUISANCE
ENGINEER shall not maintain, commit, or permit the
maintenance or commission of any nuisance in connection with the
performance of services under this Agreement.
SECTION
18. SAFETY
REQUIREMENT
All work
performed
under
this contract shall be
performed in such a manner as to provide safety to the public and
to meet or exceed the safety standards outlined by CAL -OSHA.
CITY reserves the right to issue restraint or cease and desist
orders to the ENGINEER when unsafe or harmful acts are observed
or reported relative to the performance of the work under this
Agreement.
The ENGINEER shall maintain the work sites free of
hazards to persons and /or property resulting from his
operations. Any hazardous condition noted by the ENGINEER, which
is not a result of his operations, shall immediately be reported
to CITY.
SECTION 19. SUBCONTRACTOR APPROVAL
Unless prior written consent from CITY is obtained,
only those people and subcontractors whose names and addresses
appear in this Agreement or any attachments hereto shall be used
in the performance of this Agreement. Request for additional
subcontracting shall be submitted in writing, describing the
0 0
scope of work to be subcontracted and the name of the proposed
subcontractor. Such request shall set forth the total price or
hourly rates used in preparing an estimated cost for the
subcontractor's services.
SECTION 20. WAIVER
A waiver by CITY 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.
SECTION 21. 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 implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective
only by written execution signed by both CITY and ENGINEER.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed on the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
� CL
City Attorney
CITY OF
,e manic
yor
ENGINEER
M
iNPORT B
1 co,rpo
.1
0
0
EXHIBIT "A"
SERVICES TO BE PERFORMED BY ENGINEER
' ENGINEER shall provide all services necessary for Opal Avenue Storm Drain
and Amethyst Avenue Storm Drain except for reproduction of certain CITY records
for ENGINEER's use in the performance of services required by this Agreement.
Said reproduction shall be provided to ENGINEER free of charge by CITY, as
shall mylar plan sheets.
ENGINEER's services shall include, but not be limited to:
1. Field exploration and topographical survey as necessary to prepare
contract plans and specifications;
2. Substructure research for locations of City and privately owned utili-
ties, and coordination to verify locations with potholes;
3. Preparation of two independent sets of construction plans and specifica-
tions, which complement the Standard Specifications for Public Works
Construction, 1985 Edition and Supplements, and the City's Standard
Special Provisions and Standard Drawings for Public Works Constructions,
1985 Edition, for new storm drains designated as Line "A" and Line "D"
on the attached Plan "C" of the Balboa Island Drainage Study;
4. Preparation of Engineer's estimates for Line "A" and Line "D ";
5. Consultation with City staff as necessary during the performance of ser-
vices; and
6. Clarification of plans and specifications in the field to resolve any
design related problem which may occur during construction.
EXHIBIT "B"
COMPENSATION TO ENGINEER
A.
In consideration of the performance of services specified under exhibit "A"
of this Agreement, CITY hereby agrees to compensate
ENGINEER an amount based
upon the following hourly rates:
Classification of Personnel
Hourly Rate
Principal
80
•
Senior Project Manager
65
Senior Civil Engineer or Project Manager
60
Civil Engineer or Senior Designer
55
Designer
50
Design /Draftsperson
45
Draftsperson
40
Other Office Work
30
Survey Party of 3
145
Survey Party of 2
115
B.
Reproductions made by ENGINEER in the performance of
services specified in
Exhibit "A" shall be compensated for at ENGINEER's cost
plus 10 %.
C.
Pick -up and delivery services made by ENGINEER in the
performance of ser-
vices specified in Exhibit "A" shall be compensated
for at 30t per mile.
D.
In no event shall aggregate compensation to ENGINEER
exceed Seven Thousand
Eight Hundred Dollars ($7,800) for the Opal Avenue Storm
Drain services
nor Nine Thousand Seven Hundred Dollars ($9,700) for
the Amethyst Avenue
Storm Drain services.
w�;
V
W
Wi
C
1L y- z 177
tj
-, � 3anin� 3t✓ntns/ � J
I o1 0
3 w A 3nvxr�ii Fj
„ Uzi,
C N'Eo� B-fGY &G9 Q
=°r 7 0.
d �Nr I
y ago
L I y
Y�
od u I' azavn dons
�S Z d-to�• 9LO3 al. a�[o0.Jp
o „y a 3
e
C
0
�DI O n
lk,ff))
i ' d
j
r ry "zs
o Od
s •/
b 3
S !�
i
O
G
.
•
.I
TO: CITY COUNCIL
*ember 10, 1986
CITY COUNCIL AGENDA
ITEM NO. F -3(b)
FROM: Public Works Department
SUBJECT: OPAL AVENUE (C- 2433) and AMETHYST AVENUE (C -2584) STORM DRAINS
iA1 - (A)
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute a professional
services agreement with RMG Engineering, Inc. for the design of
two storm drains.
DISCUSSION:
The current budget contains an appropriation for the design and
construction of a storm drain to relieve flooding along Opal Avenue on Balboa
Island. The new drain, noted as Line "D" on the attached exhibit, will be the
third to be constructed of the six recommended in a 1974 drainage study by
Simpson - Steppat, Consulting Civil Engineers.
Staff has obtained a proposal from RMG Engineering, Inc. (RMG) to
provide professional services for the project, and for a future drain along
Amethyst Avenue noted as Line "A" on the exhibit. Staff feels that the Amethyst
Avenue drain should be designed along with the Opal Avenue drain so that 1) the
contract will -be ready to bid in the event that construction funds are budgeted
for Amethyst during FY 1987 -88 and, 2) consultant costs and staff time required
to design Amethyst may be minimized. Also, in the event that permits to
construct the Opal drain are not received in time to complete construction
before next summer, the Opal and Amethyst Avenue drains could be combined into a
single construction contract which could be bid next fall. In doing so, the City
could theoretically save a substantial amount of construction and contract
administration costs.
RMG proposes to survey and provide construction plans, specifications
and estimates for the Opal Avenue Storm Drain for a not -to- exceed fee of $7,800.
The Amethyst Avenue storm drain fee would not exceed $9,700. Hourly rates
for their personnel are shown on the attached "Standard Fee Schedule ".
Adequate funds are budgeted in the following accounts to compensate RMG:
Opal Avenue Storm Drain
Storm Drain Improvement Program
02- 3497 -401 $ 7,800
02- 3486 -053 $ 9,700
TOTAL $TT,W
RMG will indemnify and hold harmless the City for RMG errors and
omissions, and name the City as additionally insured under RMG's Comprehensive
General Liability Insurance policy. Services for the Opal Avenue storm drain
ould be comp t d b F bruary 10, 1987, and for both drains by April 10, 1987.
BenJamin B. Nolan
• Public Works Director
LD /bjm
Attachments(2)
UT TirE Zili COUNCIL
CITY OF HEiVPORT BEACH
NOV 10 IM
APPROVED
<34�
•
0
LLJ
Z
i
U
4
O
m
It
K
rw
�
Z 9p
k
lie
mX
R
�y2
It
VYI
�QQ
� a
•
•
3
RMG ENGINEERING, INC.
Civil Engineers, Planners & Land Surveyors
17961 -A COWAN • IRVINE, CALIFORNIA 97714 • PHONE (714) 863 -9390
October 17, 1986
186 -0147
STANDARD FEE SCHEDULE (T & M)
Effective September 1, 1985
Oa<npensation of RM Engineering, Inc., for work performed on a time and
material basis will be computed as follows:
Principal
Senior Project Manager
Senior Civil Engineer, Project Manager.
Civil Engineer, Senior Designer
Designer
Design - Draftsperson
Draftsperson
Other Office Work
Survey Parties: 3 -Man Party
2 -Man Party
Consultation In Connection With Litigation
Hourly Rates
$ 80.00
65.00
60.00
55.00
50.00
45.00
40.00
30.00
145.00
115.00
100.00
Fees for specialized consultation and services or operating special
equignent will be provided upon request.
Standard hourly rates or fees are for straight time only. Overtim° rates
shall be 1 - 1/2 times said standard rate and Sunday and Holiday rates shall
be 3 times said standard rate.
II. MISCELLANEOUS FEES
Subcontracted Services - Cost Plus 108.
Transportation and pick -up and delivery services - 30t per mile($5 minivan).
Transportation, living and incidental expenses when traveling - Cost Plus 10 %.
Long distance telephone calls and telegrams - Cost Plus 10 %.
Comtercial delivery services - Cost Plus 10 %.
Printing other than Consultant's work prints shall be paid directly to outside
blueprint company acceptable to Consultant.
Other cost and expenses incurred at Client's request - Cost Plus 10%.
A late payment fee will be computed at the periodic rate of 1.5% per month,
which is an annual percentage rate of 18 %, and will be applied to any unpaid
balance comnencing 30 days after the date of the original invoice.
In the event of any increase of cost due to the granting of wage increases
and /or other employee benefits due to the terms of any new labor agreement,
such increase shall be adjusted to all fees.
CONSULTANT