HomeMy WebLinkAboutC-2435(A) - Upper Newport Bay Bicycle & Equestrian Trail, Engineering Servicesly 14, 1986
BY THE CITY COUNCI
CITY OF NEWPORT BEAC Y COUNCIL AGENDA
ITEM N0. F -16
JUL 14 1986
TO: CITY COUNCIL
APPROVED
• FROM: Public Works Department
SUBJECT: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435)
RECOMMENDATION:
1. Approve the plans and specifications.
2. Authorize the City Clerk to advertise for bids to be opened
at 11:00 a.m, on August 14, 1986.
C 3. Authorize the Mayor and the City Clerk to execute the Grant of
Easement Agreement with the State Department of Fish & Game.
4. Authorize the Mayor and the City Clerk to execute the funding
- 2 'i 3 -r ( L' agreement with the County of Orange
DISCUSSION:
This contract provides for the construction of approximately 1.2 miles
• of combination bicycle, pedestrian and equestrian trail along the boundary of
the Upper Newport Bay Ecological Reserve. The proposed trail will connect the
Jamboree Road and San Diego Creek Trails with the County's Santa Ana /Delhi
Channel regional equestrian route and the Irvine Avenue bike trail. Refer to
the attached vicinity map, Exhibit "A ".
The majority of the project entails construction of a separated trail
system consisting of a 12- foot -wide paved bicycle /pedestrian path and an adja-
cent 10- foot -wide graded dirt equestrian trail. A portion of the trail will be
constructed along a steep coastal bluff adjacent to wetlands. This 720 -foot-
long segment of trail will consist of a 20- foot -wide, elevated boardwalk. Where
the trail crosses the Santa Ana /Delhi Channel, an 80- foot -long prefabricated
bridge and two 96 -inch drainage culverts are required.
This is a multi- agency cooperative project. Funding and project sup-
port are being provided by the State of California, Department of Fish & Game,
the Wildlife Conservation Board, and the State Parks Foundation; by the County
of Orange, Environmental Management Agency, the Flood Control District, and the
Harbors, Beaches and Parks District, which will operate and maintain the project
facilities; and by The Irvine Company which is donating a portion of the project
right of way.
• The estimated project cost is $613,000. Sufficient funds are
available from the current annual budget in the general fund under Account
Number 02- 7697 -268 and a variety of supplemental sources, summarized as follows:
Description
General Fund
SB 821 Local
SB 821 Regional
County HBPD fund
State Fish & Game
Total Funds
Amount of Funding
$ 50,000
46,000
322,000
150,000
45,000
$613,000
July 14, 1986
Subject: Upper Newport Bay Bicycle and Equestrian Trail (C -2435)
Page 2
•The project Environmental Impact Report was certified as final on
September 26, 1983, and the Coastal Zone Permit was approved by the Commission
on June 12, 1986.
The plans and specifications were prepared by Austin -Foust and
Associates.
If acceptable bids are received, construction should commence by
Z e tember 1, 1986. //
Benjamin B. Nolan
Public Works Director
JS:jd
Att.: Exhibit "A"
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VICINITY MAP
PPER NEWPORT BAY BICYCLE
EQUESTRIAN TRAIL PROJECT
J
BY THE CITY COUNCIL June 23, 1986
CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
JUN 23 1986 ITEM
• TO: CITY COUNCIL
/jam rrZFii �' ti
t ,YL
FROM: Public Works Department GC
SUBJECT: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435)
RECOMMENDATION:
1. Approve the plans and specifications.
2. Authorize the City Clerk to advertise for bids to opened on
July 17, 1986.
DISCUSSION:
This contract provides for the construction of approximately 1.2 miles
of combination bicycle, pedestrian and equestrian trail along the boundary of
the Upper Newport Bay Ecological Reserve. The proposed trail will connect the
Jamboree Road and San Diego Creek Trails with the County's Santa Ana /Delhi
• Channel regional equestrian route and the Irvine Avenue bike trail. Refer to
the attached vicinity map, Exhibit "A ".
The majority of the project entails construction of a separated trail
system consisting of a 12- foot -wide paved bicycle /pedestrian path and an adja-
cent 10- foot -wide graded dirt equestrian trail. A portion of the trail will be
constructed along a steep coastal bluff adjacent to wetlands. This 720 -foot-
long segment of trail will consist of a 20- foot -wide, elevated boardwalk. Where
the trail crosses the Santa Ana /Delhi Channel, an 80- foot -long prefabricated
bridge and two 96 -inch drainage culverts are required.
This is a multi- agency cooperative project. Funding and project sup-
port are being provided by the State of California, Department of Fish & Game,
the Wildlife Conservation Board, and the State Parks Foundation; by the County
of Orange, Environmental Management Agency, the Flood Control District, and the
Harbors, Beaches and Parks District, who will operate and maintain the project
facilities; and by The Irvine Company who is donating a portion of the project
right of way.
The estimated project cost is $613,000. Sufficient funds are
available from the current annual budget in the general fund under Account
• Number 02 -7697 -268 and a variety of supplemental sources, summarized as follows:
Description Amount of Funding
General Fund $ 50,000
SB 821 Local 46,000
SB 821 Regional 322,000
County HBPD fund 150,000
State Fish & Game 45,000
Total Funds $613,000
«--O
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0
June 23, 1986
Subject: Upper Newport Bay Bicycle and Equestrian Trail (C -2435)
Page 2
•The project Environmental Impact Report was certified as final on
September 26, 1983, and the Coastal Zone Permit was approved by the Commission
on June 12, 1986.
The plans and specifications were prepared by Austin -Foust and
Associates.
If acceptable bids are received, construction should commence by
August 1
;oa-Benjamin B. Nolan
Public Works Director
JS:jd
Att.: Exhibit "A"
0
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EQUESTRIAN /BIKE. TRAIL
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VICINITY MAP
UPPER NEWPORT BAY BICYCLE
EQUESTRIAN TRAIL PROJECT
0
ENGINEERING SERVICES AGREEMENT FOR
FINAL DESIGN AND RIGHT -OF -WAY ENGINEERING
OF THE UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL
C -2� 565)
THIS AGREEMENT is made and entered into this %%Z�01 day of
February 1986, by and between the CITY OF NEWPORT BEACH, a municipal cor-
poration, hereinafter referred to as "CITY," and the firm of AUSTIN -FOUST
ASSOCIATES, INC., a California Corporation, hereinafter referred to as
"ENGINEER."
WITNESSETH:
WHEREAS, the City Council of the City of Newport Beach on December
17, 1972, adopted a master plan of bikeways, a component of the Recreation
and Open Space element of the Newport Beach General plan, and
WHEREAS, said system includes, as an important trail link, the
proposed Upper Bay Trail which connects University Drive on the west of the
bay to the San Diego Creek Trail on the east side of the bay, hereinafter
referred to as "PROJECT "; and
WHEREAS, the Orange County Transportation Commission has approved
funding for both engineering design and construction for PROJECT; and
WHEREAS, ENGINEER has submitted proposed costs for the services
outlined herein below; and
WHEREAS, CITY desires to accept said proposal;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto
do agree as follows:
I. GENERAL
A. CITY engages ENGINEER to perform the described services for the
consideration herein after stated.
B. ENGINEER agrees to perform said services in accordance with the
terms and conditions hereinafter set forth.
C. ENGINEER agrees that all services required hereunder shall be
performed under his direct supervision, and all personnel engaged in the work
Shall be fully qualified and shall be authorized or permitted under State and
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• •
local law to perform such services. ENGINEER shall not sublet, transfer or
assign any work except as otherwise provided for herein or as authorized in
advance by the CITY.
II. SERVICES TO BE PERFORMED BY ENGINEER
The specific duties requried of ENGINEER to complete the final
design and right -of -way engineering are as follows and ENGINEER agrees to per-
form these duties for the consideration hereinafter stated:
A. Perform detailed engineering and design of the bicycle and
pedestiran bridge crossing of the Santa Ana /Delhi Flood Control Channel.
1. Said design shall include but not be limited to bridge
foundation and abutment wall design, abutment and bridge approach earthwork
design, Santa Ana /Delhi Channel slope protection design, bridge fill culvert
design, and channel levy and maintenance road design.
2. Said design shall include meeting with both CITY and County
staff to ascertain the permit requirements necessary to obtain a grant of right-
of -way or an encroachment permit from the County of Orange.
a. This may require numerous staff contacts, meetings,
plan reviews and correspondence.
3. Detailed bridge span drawings shall be prepared covering
all aspects of dimension, fabrication and installation including railings,
decking, deck support, truss support and bridge abutment details.
4. The bridge design work may be sublet to Willdan Associates
as proposed in the orignal Austin -Foust submittal.
B. Perform right -of -way engineering and related trail alignment
studies necessary to finalize the proposed Santa Ana /Delhi Channel crossing.
1. Provide ground control survey and aerial photogrametry to
facilitate final right -of -way engineering.
2. The aerial flight services for photogrametry may be sublet
to R. J. Lung and Associates as originally proposed in the ENGINEER'S submittal.
3. Prepare final written legal descriptions of PROJECT right-
of -way and the appurtenant required easements.
a. Obtain final property title reports from the Orange
County Recorder and from Ticor Title Insurance Company.
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0
b. Research the original title reports of the Irvine
Rancho as required for right -of -way and easement description work.
c. Title research and field surveying maybe sublet to W.
R. Haynes and Company as previously proposed by ENGINEER.
C. Investigate and identify earthwork borrow sites for bridge
abutment and trail fills.
1. Provide engineering drawings identifying the location,
limits and estimated quantity of available borrow material.
2. Provide details of the proposed finished borrow site con-
dition and their final elevations.
3. Coordinate design of these borrow sites with the State of
California Department of Fish and Game.
III. DUTIES OF CITY
services:
CITY agrees to provide the following information, materials and
A. Provide additional background information and additional direc-
tion as necessary.
B. Provide CITY plan and profile mylar sheets for all drawings.
C. Advertise for bids.
D. Administer PROJECT construction contract.
IV. TIME OF COMPLETION
All services to be performed by ENGINEER, as outlined herein above,
necessary and prerequisite to CITY's advertising an invitation for public
bidding of PROJECT shall be completed within thirty (30) calendar days of the
date of execution of this Agreement.
V. OWNERSHIP OF DOCUMENTS
Original drawings, reports, notes, maps and other documents
relating to the plans shall become the exclusive property of CITY and may be
reproduced as deemed necessary by the City Engineer or his duly authorized
representative. No report, drawing, map, document 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 ENGINEER without prior written
approval by CITY. CITY agrees to hold harmless and indemnify ENGINEER against
all damages, claims and losses arising out of any re -use of the plans and speci-
fications by CITY.
3 of 8
VI. RIGHT OF TERMINATION
A. 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 when delivered personally or upon deposit in the United States mail,
postage prepaid, addressed to the ENGINEER's business office at 1450 North
Tustin Avenue, Suite 108, Santa Ana, California 92701.
B. In the event of termination due to errors, omissions, or negli-
gence of ENGINEER, CITY shall be relieved of any obligation to compensate
ENGINEER for that portion of work affected by such errors, omissions, or
negligence of ENGINEER. If this Agreement is terminated for any other reason,
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 fee schedule
contained herein.
VII. PAYMENT AND FEE SCHEDULE
A. In consideration for the performance of the specified services,
CITY hereby agrees to compensate ENGINEER a lump sum fee not to exceed the
amount of Twelve Thousand Dollars ($12,000).
B. The contract amount shall be paid in monthly partial payments
based on billing for hours expended and costs incurred during the preceding
month. Billings submitted shall be based on the FEE SCHEDULE set forth below.
C. CITY agrees to reimburse ENGINEER for the actual cost of repro-
duction of copies of plans and related documents and other expenditures
authorized in advance by CITY at the rate of cost plus Fifteen Percent (15 %).
D. CITY shall remit payments to ENGINEER within thirty (30) days
after receipt of ENGINEER's invoice. Invoice shall include classifications of
personnel, dates and hours worked in the performance of services specified in
Section II herein above.
E. FEE SCHEDULE
Classification Rate per Hour
Principal 55.00
Project Engineer 40.00
Senior Technical 30.00
Drafter 30.00
Transportation Planner 25.00
Graphic Artist 25.00
Traffic Technician 21.00
Technician /Clerical 20.00
H
0
VIII. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be per-
formed by ENGINEER shall be made without prior written approval from CITY. In
consideration for performance of additional services authorized by CITY in
writing, CITY hereby agrees to compensate ENGINEER an amount based upon the
hourly rate shown in the FEE SCHEDULE hereinabove; except that an increase in
the total compensation exceeding One Thousand Two Hundred Dollars ($1,200)
shall require that an amendmended agreement for such additional services be
executed by the ENGINEER and CITY.
IX. 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 the services under this contract. 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 the CITY the right to examine and audit
same, and to make transcripts therefrom as deemed necessary, and to allow
inspection of all work, data, documents, proceedings and activities related to
this Agreement.
X. INSURANCE
A. On or before the date of commencement of the term of this
Agreement, ENGINEER shall furnish the CITY with certificates showing the type,
amount, class of operations covered, effective dates and dates of expiration of
insurance policies. Such certificates which do not limit ENGINEER's indem-
nification, shall also contain substantially the following statement: "The
insurance covered by this certificate may not be cancelled or materially
altered, except after Ten (10) days' written notice has been received by CITY."
B. ENGINEER shall maintain in force at all times during the per-
formance of this Agreement policies of insurance required by this Agreement; and
said policies of insurance shall be secured from an insurance company assigned
Policyholders' Rating of "B" (or higher) and Financial Size Category Class XV
(or larger) in accordance with an industry -wide standard and licensed to do
insurance business in the State of California.
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1. An appropriate industry -wide insurance rating standard
shall be deemed "BEST'S KEY RATING GUIDE," latest edition,
C. ENGINEER shall maintain the following minimum insurance cover-
ages:
Liability Insurance
General 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.
Errors and Omissions
Errors and omissions insurance, which includes coverage for
professional malpractice, in the amount of $9,000, The policy shall provide
for coverage of all claims occurring during the term of the policy not-
withstanding the fact that the claim may be asserted subsequent to the expira-
tion of the policy,
D. Subrogation Waiver
In the event of loss or claim of loss due to any of the perils
for which it has agreed to provide insurance, ENGINEER shall look solely to its
insurance for recovery. ENGINEER hereby grants to CITY, on behalf of any
insurer providing insurance to either ENGINEER or CITY with respect to the ser-
vices of ENGINEER, 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.
E. Failure to Secure
If ENGINEER at any time during the term of this Agreement,
should fail to secure or maintain the foregoing insurance, CITY shall be per-
mitted to obtain such insurance in the ENGINEER's name or as an agent of
ENGINEER and shall be compensated by ENGINEER for the costs of the insurance
1 I ,
premiums at the maximum rate permitted by law computed from the date written
notice is received that the premiums have been paid.
F. Additional Insured
CITY, its City Council, boards and commissions, officers,
agents, servants and employees shall be named as an additional insured under all
insurance policies required under 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 addi-
tional insured named herein shall not be held liable for any premium or expense
of any nature on this policy or any extension thereof. 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. Proceeds from
any such policy or policies shall be payable to CITY primarily, and to ENGINEER
secondarily, if necessary.
XI. 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.
XII. 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
costs of litigation.
XIII. 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.
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XIV. HOLD HARMLESS
ENGINEER shall indemnify and hold harmless CITY, its City Council,
boards and commissions, officers, agents, servants, and employees from and
against any and all loss, damages, liability, claims, suits, costs and expenses,
whatsoever, including reasonable costs of litigation, regardless of the merit or
outcome of any such claim or suit, arising from or in any manner connected to
ENGINEER's errors, negligent acts, omissions, or work conducted pursuant to this
Agreement or arising from or in any manner connected to persons firms or cor-
porations furnishing or supplying work, services, materials, equipment or
supplies thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written:
CITY OF NEWPORT BEACH,
Ai�PROVED AS TO FORM: a Municipal Corporation
Ciro Kora e, Assistant City Attorney By Rober�t�L''wy City Manager
ATTEST:
Wanda Raggio, Ci ,yu I erk
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
(714) 644 -3311
Austin -Foust Associates, Inc.
1450 North Tustin Avenue
Suite 108
Santa Ana, California 92701
AUSTIN -FOUST ASSOCIATES, INC.
By:
Joe Fous rincipal
VENDOR
C
PURCHASE ORDER
No. 24686..
•
& OF NEWPORT BE H
INVOICE IN DUPLICATE
HIS ORDER
APPEAR, ON ALL^BINVOICES.
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SHIPPING NOTICES. BILLS OF
LADING. EXPRESS RECEIPTS
3300 NEWPORT BOULEVARD
AND PACKAGES.
NEWPORT BEACH, CALIFORNIA 92663 -
DELIVERY TICKETS SHALL
PHONE, (714) 640 -2291
INCLUDE UNIT PRICE.
(\ 1
.. DATE
�:i9i1`Ze"- i rig Servl CLs ikg, :i!'211port
..... DEPT
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SHIP TO
13ay Bike '-ail
Austin – Foust: Associates, Inc.
lr 150 H. Tustin A]]v))e'}}. Suite 10"
,.Gllt.a ulna, r'A (JL(0l -
QUAH •'
� - UIRED
TDTAL
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�:i9i1`Ze"- i rig Servl CLs ikg, :i!'211port
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F.O.B.:
TERMS:
IMPORTANT
The Articles covered by this Purchase Order or Contract must con-
CITY OF NEWPORT BEACH
0 97 ^"Q
")'44, 7' r;
form to applicable Cal —OSHA Standards, and/or other appropriate
.laws, regulations, rules, and codes of the Federal Government and
the State of California.
_ - --
yf'1��n
Show as a separate item an retail sales tax, use tax or Federal
tax applicable to this purchase.
FRANK H. CLARKE.]$
This order subject to California sales tax.
All purchases and transportation charges are exempt from Federal
PURCHASING AGENT
excise tax.
NOTE: All allowable transportation charges must be prepaid and
Iransporlation tax.
DEPARTMENTAL COPY
No. 24686
1W
FROM:
DATE:
SUBJECT
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
FINANCE DIRECTOR
PUBLIC WORKS DEPT.
CITY CLERK
July 24, 1984
Contract No. C- 2435(A)
Description of Contract Engineering Services Agreement for
Upper Newport Bay Bike Trail
Effective date of Contract —July 24, 1984
Authorized by Minute Action, approved on July 9, 1984
Contract with Austin -Foust Associates, Inc.
Address 1450 North Tustin Avenue
Santa Ana, CA 92701
Amount of Contract See attached Agreement
Wanda Ew Anddersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
• C-- ati3s�a�
ENGINEERING SERVICES AGREEMENT
UPPER NEWPORT BAY BIKE TRAIL
THIS AGREEMENT is made and entered into this day of
July, 1984, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "CITY," and the firm of AUSTIN -FOUST ASSOCIATES,
INC., hereinafter referred to as "ENGINEER."
W I T N E S S E T H
WHEREAS, the City Council of the City of Newport Beach on December 17,
1973, adopted a master plan of bikeways, a component of the Recreation and Open
Space element of the Newport Beach General plan, and
WHEREAS, said system includes, as an important trail link, the pro-
posed Upper Bay Trail which connects University Drive on the west of the bay
to the San Diego Creek Trail on the east side of the bay, hereinafter referred
to as "PROJECT "; and
WHEREAS, the Orange County Transportation Commission has approved
funding to prepare the final plans and specifications for the PROJECT in the
1983/84 S.B. 821 funding program; and
WHEREAS, ENGINEER has submitted a proposal to CITY (dated June 25,
1984) to perform engineering services to prepare final plans and specifications
for the PROJECT; and
WHEREAS, CITY desires to accept said proposal;
NOW, THEREFORE, in consideration of the foregoing, the parties 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
ENGINEER hereby agrees to perform the following services:
A. Review Feasibility Study and Environmental Impact Report to
determine what supplemental information is needed.
B. Obtain soils and survey information necessary to complete the
1 of 5
design. Scope of these services to be approved by City before
beginning any work.
C. Coordinate design with archaeologist hired by CITY to perform
archaeological investigation and mapping required by the
EnvironmeImpact Report.
D. Prepare right -of -way drawing and legal description necessary
to obtain easements and rights of entry from the State of
California, The Irvine Company, and the J.M. Peters Co.
E. Prepare a composite right -of -way drawing and legal description
for portions of trail within City of Newport Beach and portion
of trail within Orange County.
F. Prepare plans, specifications and contract documents suitable
for bidding. Design to be in accordance with State and County
design criteria.
G. Coordinate design with proposed J.M. Peters Co. development
at the east end of the PROJECT.
H. Coordinate design with Orange County Environmental Management
Agency (EMA).
I. Obtain encroachment permit from Orange County EMA for pedes-
trian and bike bridge over the Santa Ana Delhi Channel.
J. Prepare cost estimate.
K. Assist City in responding to questions during bidding.
L. Analyze the bids received and recommend action regarding award.
M. Perform additional work as may be requested by CITY.
III. Duties of CITY
CITY hereby agrees to perform the following services:
A. Provide background information as necessary.
B. Obtain right -of -way.
C. Obtain Coastal Zone Permit.
D. Provide standard CITY plan and profile mylar sheets.
E. Advertise for bids.
F. Administer construction contract.
IV. Time of Completion
The final plans and other documents shall be submitted to the
Public Works Director of the CITY for final review by November 2,
1984.
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• •
V. Ownership of PROJECT Documents
The City acknowledges that the Engineer's plans and
specifications are instruments of professional service.
Nevertheless, the plans and specifications prepared under this
agreement shall become the property of the City upon completion
of the work. The City agrees to hold harmless and indemnify the
Engineer against all damages, claims, and losses arising
out of any reuse of the plans and specifications without the
authorization of the Engineer.
VI. 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
1450 North Tustin Avenue, Suite 108, Santa Ana, California 92701.
In the event of termination due to errors, omissions, or negli-
gence of ENGINEER, CITY shall be relieved of any obligation to
compensate ENGINEER for that portion of the work affected by such
errors, omissions, or negligence of ENGINEER. If this Agreement
is terminated for any other reason, 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 fee schedule
contained herein.
VII. Fee Schedule and Payment
In consideration of the performance of the above - described engi-
neering services, CITY hereby agrees to pay ENGINEER an amount
based upon the hourly rate schedule set forth below. In no event
shall said amount be greater than Forty -four Thousand Seven
Hundred Dollars ($44,700) except as otherwise provided herein.
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A. Hourly rates for office and field personnel shall be as
follows:
Classification Per Hour
Principal $55.00
Project Engineer $40.00
f
Senior Technical $30.00
Drafter $30.00
Transportation Planner $25.00
i
Graphic Artist $25.00
Traffic Technician $21.00
Technician/Clerical $20.00
B. The contract amount s 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 cost of reproduction of copies of said plans and
related documents, materials' costs related to survey
work, soils and structural subconsultant and other re-
lated costs authorized in advance by the Public Works
Director and advanced by ENGINEER.
VIII. Additional Work
Should ENGINEER complete any additional work not outlined in this
Agreement, but authorized by CITY, the extra work shall be pre-
formed on an hourly basis in accordance with the hourly rate
schedule set forth in Section VII (Fee Schedule and Payment) above.
IX. Project Scope Revisions
The scope of the PROJECT may be changed and the maximum fee re-
vised upon prior written approval of the Public Works Director
if the increase in the maximum fee does not exceed Four Thousand
Five Hundred Dollars ($4,500); an amendment providing for such
i
revision shall be processed and executed by the parties hereto.
X. Hold Harmless
ENGINEER shall indemnify and save harmless CITY and its officers
and employees from any damage or liability arising from any errors,
j omissions, or negligence in the ENGINEER's performance of the
engineering work and services required by this Agreement.
4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the date first above written.
n
APPROVED AS TO FORM:
4 ��I,, ,
L.. /PRO MEN
5 of 5
CITY OF NEWPORT BEACH
BY 1�
Mayor CITY
AUSTIN -FOUST ASSOCIATES, INC.
• • July 9, 1984
BY THE CITY COUNCIL CITY COUNCIL AGENDA
CITY OF NEWPORT BEACH ITEM NO. F-3(
JUL 091984
T0: CITY COUNCIL APPROVED
FROM: Public Works Department
SUBJECT: RgINEERING:,SERVICES AGREEMENT FOR DESIGN OF UPPER NEWPORT'!
'W*'1fKE/tQbESTRIAN TRAIL c.
RECOMMENDATIONS:
Authorize the Mayor and the City Clerk to execute the subject
engineering services agreement with Austin -Foust Associates, Inc.
DISCUSSION:
On October 11, 1983, the City Council adopted a resolution
authorizing the submittal of an application to the Orange County Trans-
portation Commission (OCTC) and the Southern California Association of
Governments (SCAG) for the construction of the Upper Newport Bay pedes-
trian and Bike way Project in the 1983/84 SB821 funding program.
Funding for the preparation of plans, specifications and archaeological
survey was approved in the 1983/84 program. Funds for construction are
now being requested for inclusion in the 1984/85 program. See attached
sketch for limits and location of project.
Proposals for the Engineering services necessary to prepare
the plans, specifications and archaeological site testing have been re-
quested from Fuscoe, Williams, Lindgren and Short (FWLS), Austin -Foust
Associates, Inc. (AFA) and Berryman and Stephenson, Inc. (B &S). The
three firms have submitted proposals with stipulated maximum fees based
on standard hourly rates as follows:
ENGINEERING
ARCHAEOLOGICAL
TOTAL
FIRM
SERVICES
SERVICES
(MAXIMUM FEE)
FWLS
$ 41,930.00
$ 5,000.00
$ 46,930.00
AFA
$ 44,700.00
$ 18,650.00
$ 63,350.00
B &S
$ 58,548.00
$ 25,279.00
$ 83,827.00
The difference
in the proposal amounts
for the archaeological
site testing is due to questions regarding
the availability
and adequacy
of previous test reports
on the five archaeological sites which will be
crossed by the trail.
July 9, 1984
Subject: Engineering Services Agreement for Design of Upper Newport Bay
Bike /Equestrian Trail
Page 2
Since receiving the proposals, City staff has contacted the
Orange County Historical Commission and found that although the Commission
does not have copies of the test reports, several of the sites have been
tested. Staff recommends that the archaeological testing be deleted from
the proposed engineering services agreement and that archaeological ser-
vices be contracted for separately after verification of the availability
of existing test reports and amount of testing required for this project.
Staff has recommended acceptance of Austin - Foust's proposal.
Successful completion of the project will involve coordination of the
trail alignment and design details with the affected property owners
(County of Orange, California Department of Fish and Game, The Irvine
Company and the J. M. Peters Company) and the various permitting agencies.
Joe Foust, of Austin -Foust Associates, Inc., prepared the upper bay bike
trail feasibility study and has made contacts with the affected property
owners and permitting agencies. His knowledge of the project and its
background will allow for less City staff time in preparing the final plans
and specifications. All three firms have experience with similar projects
and can meet the City's proposed schedule for the work. A breakdown of
Austin- Foust's maximum fee by principal item of work is as follows:
1. Soils Investigation & Survey $ 8,200.00
2. Engineering 28,500.00
3. Right of Way Description 3,000.00
4. Permit Processing 1,000.00
5. Project Management 4,000.00
Total $ 44,700.00
Terms of the agreement provide for the following engineering service:
1. Review Feasibility Study and Environmental Impact Report to de-
termine what supplemental information is needee.
Obtain sails and survey information necessary to complete the
design. Scope of these services to be approved by City before
beginning any work.
Prepare right of way drawings and legal descriptions necessary
to obtain easements and rights of entry from the State of
California, The Irvine Company, and the J. M. Peters Co.
4. Prepare a composite right of way drawing and legal description
for portions of trail within City of Newport Beach and portion
of trail within Orange Countv.
i
•
July 9, 1984
Subject: Engineering Services Agreement for Design of Upper Newport Bay
Bike /Equestrian Trail
Page 3
5. Prepare plans, specifications and contract documents suitable
for bidding. Design to be in accordance with State and County
design criteria.
6. Coordinate design with proposed J. M. Peters Co. development at
the east end of the project.
7. Coordinate design with Orange County EMA.
8. Obtain encroachment permit from Orange County EMA for pedestrian
and bike bridge over the Santa Ana Delhi Channel.
9. Prepare cost estimate.
10. Assist City in responding to questions during bidding.
11. Analyze the bids received and recommend action regarding award.
12. Perform additional work as may be requested by the City.
The projected project schedule is as follows:
1. Right of Way Drawings
2. County Review and Encroachment Permit
3. Final Plans and Specifications
4. Coastal Zone Permit
5. Advertise and award Contract
)4. a
eBenjamin B. Nolan
Public Works Director
JW:kf
Att.
September 1984
September 1984
October 1984
January 1985
March 1985
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