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HomeMy WebLinkAboutC-2483(F) - Unit II Upper Newport Bay Sediment Control & Restoration Project, Professional Engineering ServicesAGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT UNIT II THIS AGREEMENT is made and entered into this Z& day of At&,ti k Fry, 1986, 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 of the Unit II Upper Newport Bay Sediment Control and Restoration Project, hereinafter referred to as "PROJECT "; and WHEREAS, the preliminary engineering study has been completed for the PROJECT; and WHEREAS, CITY desires professional engineering services to provide expert consultation for preparation of the plans and specifications and during construction of the PROJECT; and WHEREAS, ENGINEER has offered to perform engineering services necessary to provide consultation during preparation of the plans and speci- fications and construction of the PROJECT; and WHEREAS, CITY desires to accept said offer; 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. Provide consultation and advice during preparation of the plans and specifications for PROJECT. Iof3 B. Provide consultation and advice during construction of PROJECT. C. Attend preconstruction meeting and visit job site, upon request, during construction of PROJECT. III. Duties of CITY A. Make available to ENGINEER, such information as is available to Newport Beach which relates to the services to be performed by ENGINEER. B. Provide construction administration and inspection of work during construction of PROJECT. IV. Term of Agreement The term of this Agreement shall be from February 17, 1986 to March 1, 1987. The term of this Agreement may be extended by mutual consent of the parties hereto. V. Right of Termination CITY reserves the right to terminate this Agreement at any time by giving ENGINEER seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepaid, addressed to the ENGINEER's business office at 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. VI. 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 Twelve Thousand Dollars ($12,000) 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. 2 o 3 0 0 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. VII. 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. VIII. 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 One Thousand Dollars ($1,200). If the increase in the maximum fee should exceed $1,200, an amendment providing for such revisions shall be processed and executed by the parties hereto. IX. 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. CITY NEWPORT BEACH r By ity Manager CITY MICHAEL H. CHENEY APPROV7 AS TO FORM: / By By / ENGIN ,ty Atto 3of3