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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" • • _ Ad► axl4telr ��.. 63 y 7 ,� - \; ;9 ..1 D /PC1N •tills �. \ GJ �, pn..'�YW I � ' \. \ ialieib ❑IS%�' e�i Y`; •1 ot�� ,' �. \\ - I Gun'Cluo y Dt 'op EQUESTRIAN /BIKE_TRAIL t a t rj G HLW I u OR - EACH cwp. 111, jo t ` , � oe \W i`i_'I C°n.us61 Mar 1 L N 2 SPILLWAY E 13 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 .. , w 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 • 6XMIBIT — ^.. I (� 10 Bm o� co Hei t L, 1) A ra . _ —. EQUESTRIAN /BIKE. TRAIL J.KPETEAS i N f 'I 9� 6AWIlW • ,� � �[� EACH MUC J __� ` pp 2 EACH /r �011, v� a f �91 1\iUXCI1 tl'1 �JZI / /P�9 ! �` Iy S J ly ,i� / p�aRONS Il I..• �¢W+v �'r� �� / " ;lit �1 \'�'ya� ♦�-a ', I o � „ � `'�, l a, 'j �i`✓ i�\, '�l ',` ,�� .,: \\\4 f In schu / on SPILLWAY !i(n Iv N V Gaf•ne View 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 1 of 8 • • 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. 2 of 8 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. 5of8 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. 7 of 8 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. �` y 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 1.1 y U, 1 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 „` -�.�� r�.r�;�' a: ,��s, �` y ` �:i9i1`Ze"- i rig Servl CLs ikg, :i!'211port 13ay Bike '-ail 44, 70C. % t 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. 2 of 5 • • 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. 3 of 5 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 is I(_ 2 w E Q ca cn 0 a 0 CL E m W LL w m U J N