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Home My WebLink AboutC-2483(B) - Unit II Upper Newport Bay Sediment Control & Restoration Project, Professional Engineering Service! 0 CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR Public Works FROM: CITY CLERK DATE: February 8, 1985 SUBJECT: Contract No. C -2483B OFFICE OF THE CITY CLERK (714�640 -2251 Description of Contract Agreement for Professional Engineering Services for Upper Newport Bay Sediment Control and Restoration Proiect, Unit II Effective date of Contract 31. 1985 Authorized by Minute Action, approved on January 28, 1985 Contract with Michael H. Cheney Address 6630 Heartwood Drive Oakland, CA 94611 Amount of Contract (See Agreement) Wanda E. Andersen City Clerk WEA:Ir attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 January 24, 1985 T0: CITY CLERK FROM: Public Works Department SUBJECT: AGREEMENT FOR PROFESSIONAL.ENGINEERING SERVICES FOR UPPER NEWPORT BAY SEDIMENT CONTROL AND .RESTORATION PROJECT, UNIT II Attached are the original and one copy.of the subject agreement. Please have them executed on ,behalf of the City, retain the original and return the copy to this department.. John Wolter Cooperative Projects Engineer JW:jd Att. u x r z :_� i AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT UNIT II THIS AGREEMENT is made and entered into this �,� day of January, 1985, by and between the CITY OF NEWPORT BEACH, a municipal cor- poration, hereinafter referred to as "CITY ", and MICHAEL H. CHENEY, hereinafter referred to as "ENGINEER." WITNESSETH: WHEREAS, CITY has performed the 208 Sediment Control Study for the Upper Newport Bay Watershed; and WHEREAS, CITY has entered into an agreement with the State of California Department of Fish and Game, the County of Orange, the City of Irvine, and The Irvine Company to finance the construction and maintenance of wetland restoration /sediment control facilities in Upper Newport Bay; and WHEREAS, the plans have been completed for the Unit I Upper Newport Bay Sediment Control and Restoration Project; and WHEREAS, CITY desires to prepare a preliminary engineering study for the Unit II Upper Newport Bay Sediment Control and Restoration Project; and WHEREAS, ENGINEER has submitted a proposal to CITY (dated December 1, 1984) to perform engineering services necessary for the preparation of the preliminary engineering study; and WHEREAS, CITY desires to accept said proposal; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: I. General A. CITY engages ENGINEER to perform the services hereinafter described for the compensation herein stated. B. ENGINEER agrees to perform said services upon the terms hereinafter set forth. II. Services to be Performed by ENGINEER A. Investigate and evaluate the following alternative construction methods: 1 o 4 0 1. Excavate and dispose of spoil on upland sites in vici- nity as permanent fill or as stockpile to be hauled to inland sites after dewatering. 2. Excavate and load barges for ocean disposal in turning basin below Pacific Coast Highway bridge. 3. Excavate and load barges for ocean dispossal within project limits. Assume completion of proposed Corps channel project between Pacific Coast Highway bridge and reserve thus allowing large barge access. 4. Excavate and utilize temporary or permanent pipeline for ocean disposal at nearest acceptable location. 5. Update Cheney report on permanent pipeline disposal system to reflect current estimates of initial excavation quantities and average annual sediment inflow. Investigation and evaluation of alternatives to include review of project and consultation with two or three large dredging contractors, the Corps of Engineers, and other contractors or engineering consultants with expertise in the type of project proposed. This portion of the study is to develop the following information: 1. Number and sizes of barges required and availability. 2. Probable excavation equipment sizes, and production rates. 3. Location and sizes of pipelines and required booster pumps. 4. Barge impacts on harbor traffic. 5. Precautions necessary to comply with Water Quality Control Board permit. 6. Construction time required. B. Prepare preliminary construction cost estimates for feasible alternative. 2of4 e • 0 C. Provide information on other engineering aspects of pro- ject that will need to be addressed in EIR. D. Prepare written report. ii C1 E Complete study within t". — ) da s of authorization to proceed. III. Ownership of Project Documents Original drawings, maps, and photos shall become the property of CITY and may be reproduced and utilized as deemed necessary by the Public Works Director. IV. 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 bpsiness office at 6630 Heartwood Drive, Oakland, CA 94611. In the event of termination due to errors, omissions, or negligence of ENGINEER, CITY shall be relieved of any obliga- tion to compensate ENGINEER for that portion of the work affected by such errors, omissions, or negligence of the ENGINEER. If this Agreement is terminated for any other reason, CITY agrees to compensate ENGINEER for the actual ser- vices performed up to the effective date of the notice of ter- mination, on the basis of the fee schedule contained herein. V. Fee Schedule and Payment In consideration of the performance of the above - described engineering services, CITY hereby agrees to pay ENGINEER an amount based upon the hourly rate of Seventy -five Dollars ($75) per hour. In no event shall said amount be greater than Twenty Thousand Dollars ($20,000) except as otherwise provided herein. A. The contract amount shall be paid to ENGINEER as follows: 1. Monthly partial payments shall be based on the amount earned each month. 3 o 4 2. In addition, CITY agrees to reimburse ENGINEER for the out -of- pocket expenses for such items as report pre- paration, printing, mileage, transportation, outside services, telephone calls, and other related costs authorized in advance by the Public Works Director. VI. Additional Work Should ENGINEER complete any additional work not outlined in this Agreement, but authorized by CITY, the extra work shall be performed on an hourly basis in accordance with the hourly rate set forth in Section V (Fee Schedule and Payment) above. VII. Project Scope Revisions The scope of the work may be changed and the maximum fee revised upon prior written approval of the Public Works Director if the increase in the maximum fee does not exceed Two Thousand Dollars ($2,000). If the increase in the maximum fee should exceed $2,000, an amendment providing for such revisions shall be processed and executed by the parties hereto. VIII. Hold Harmless ENGINEER shall indemnify and save harmless CITY and its offi- cers and employees from any damage or liability arising from any errors, omissions, or negligence in the ENGINEER's perfor- mance of the enginereing work and services required by this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. ATTEST: By City Clerk CITY OF_)EWPORT BEACH Mayor CITY MICHAEL H. CHENEY APPROVED AS TO FORM: By 144— / By EN NEER ity Att rney 4 o 4 • • January 28, 1985 CITY COUNCIL AGENDA ITEM NO. F -3(b) TO: CITY COUNCIL FROM: Public Works Department SUBJECT: PROFESSIONAL SERVICES AGREEMENT TO PROVIDE PRELIMINA �Iy Y -EKG II ERING STUDY FOR THE UNIT II UPPER NEWPORT BAY SEDIMENT CO COUNCIL A COUNCIL RESTORATION PROJECT C Zlf� j ��) OF NEWPORT BLAC €i RECOMMENDATION: JAN 2 8 I0185 fl e Ap V9 n) Authorize the Mayor and the City Clerk to execute --t #�e fessional services agreement with Michael H. Cheney; Marine Engineering Consultant. DISCUSSION: On May 29, 1984, the City Council accepted the role as lead agency and directed City staff to administer the Upper Newport Bay Sediment Control and Restoration Project. The Upper Newport Bay Executive Committee has requested the State • Department of Fish and Game (DFG) to advance funds for the preparation of an EIR and preliminary engineering for the Unit II Upper Newport Bay Sediment Control and Restoration Project. The DFG has agreed and funds for the subject agreement have been advanced to the City. A proposal has been requested and received from Michael H. Cheney to prepare a preliminary engineering study for the Unit II Upper Newport Bay Sediment Control and Restoration Project. Mr. Cheney's proposal is based on standard hourly rates, with a total fee not to exceed $20,000. The staff has recommended acceptance of Michael H. Cheney's proposal. The preliminary engineering study prepared under this contract will be used in preparation of the EIR and final engineering for the Unit II project. Mr. Cheney has spent considerable time analyzing the Upper Newport Bay as a marine consultant in the past and can meet the City's proposed schedule for the work. Terms of the agreement provide for the following services: 1. Investigate and evaluate alternative construction methods, including both hydraulic dredging and conventional excavation. 2. Investigate and evaluate ocean disposal versus upland disposal of excavated material. 3. Prepare preliminary construction cost estimates for feasible alternatives. 4. Provide information on other engineering aspects of project to be adressed in EIR. 5. Prepare written report. 6. CCoom/Jplete work within 60 days of authorization to proceed. Benjamin B. Nolan Public Works Director JW:jd