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.
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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.
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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
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