HomeMy WebLinkAboutC-2441(A) - Upper Newport Bay Sediment & Restoration Project, Unit I, Engineering ServicesCITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH. CA 92663 -3884
OFFICE OF THE CITY CLERK
(714) 640 -2251
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TO: FINANCE DIRECTOR
PUBLIC WORKS
FROM: CITY CLERK
DATE: June 14, 1984
SUBJECT: Contract No. C -2441 A
Description of Contract Professional Servicps Aarppmpnt
for Upper Newport Bay Sediment Control & Restoration Project
Effective date of Contract June 13, 1984
Authorized by Minute Action, approved on
June 11, 1984
Contract with Boyle Engineering Corporation
Address 1501 Quail Street
P.O. Box 3030
Newport Beach, CA 92663
Amount of Contract See Attached Agreement
Wanda E. Andersen
City Clerk
WEA:Ir
attach.
3300 Newport Boulevard, Newport Beach
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June 11, 1984
TO: CITY CLERK
FROM: Public Works Department
SUBJECT: UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT
Attached are three agreements for the subject project. Please
have executed on behalf of the City, retain your copy and return the
remaining copies to this office.
John Wolter
Project Engineer
JW:em
Att:
C - -1 -4 1 (4
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
FOR
UPPER NEWPORT BAY
SEDIMENT CONTROL AND RESTORATION PROJECT
UNIT I
THIS AGREEMENT is made and entered into this "f` day of June,
1984, by and between the CITY OF NEWPORT BEACH, a municipal corporation, here-
inafter referred to as "CITY," and BOYLE ENGINEERING CORPORATION, Consulting
Engineers, hereinafter referred to as "ENGINEER."
W I T N E S S E T H
WHEREAS, the CITY has performed the 208 Sediment Control Study for
the Upper Newport Bay Watershed; and
WHEREAS, the Study has recommended enlarging and deepening the exist-
ing Early Action Plan Basin in Upper Newport Bay; and
WHEREAS, the 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 expand and deepen the existing Early Action
Plan Basin in the Upper Bay and construct an unlined channel, 500 feet in
width, from the enlarged basin to the 'old dike "; said improvements are here-
inafter referred to as "PROJECT "; and
WHEREAS, the CITY desires to prepare plans and specifications for
the construction and implementation of the PROJECT; and
WHEREAS, ENGINEER has submitted a proposal to CITY (dated June 5,
1984) to perform engineering services necessary for the preparation of plans
and specifications for the PROJECT; 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.
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II. Services to be Performed by ENGINEER
A. Review records of previous project and other pertinent avail-
able data to determine what supplemental information is
needed.
B. Obtain additional soils and survey information as necessary
to complete the design. The scope of these services will
be submitted to the CITY for approval before beginning any
work.
C. Analyze various construction methods and determine which are
potentially economically feasible for use on this project.
D. Prepare plans, specifications and contract documents suit-
able for bidding. The draft bid package for City of Newport
Beach Contract No. 2276 will be used as a general guideline.
E. Assist the CITY in responding to questions during bidding.
F. Analyze the bids received and recommend action regarding
award.
G. Prepare cost estimate for use in analyzing bids.
H. Identify suitable, potentially available disposal sites
in the immediate vicinity and determine usable capacity
and conditions of use.
I. Perform additional work as may be requested by CITY in
writing.
III. Duties of CITY
A. Provide design criteria.
B. Obtain permits.
C. Provide background information as necessary.
D. Provide mylar plan and profile and standard sheet for
preparation of the plans.
E. Reproduce the necessary copies of the contract documents
and specifications.
F. Provide contract administration and inspection for the
construction contracts.
IV. Time of Completion and Project Schedule
Final plans and specifications September 1984
State of California Public Works
Board Approval October 1984
Advertise and Award of Contract November 1984
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V. Ownership of PROJECT Documents
Original drawings, reports, notes, maps, and other documents
shall become the property of the CITY and may be reproduced
and utilized as deemed necessary by the Public Works Director.
Any use of the aforesaid completed documents for other projects
without specific, written approval by ENGINEER will be at CITY's
sole risk and CITY shall indemnify and hold harmless ENGINEER
from all claims, damages, losses and expenses, including
attorney's fees arising out of or resulting therefrom.
VI. Right of Termination
VII
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
1501 Quail Street, P.O. Box 3030, Newport Beach, California
92663. In the event of termination due to errors, omissions,
or negligence of ENGINEER, CITY shall be relieved of any obli-
gation 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 services per-
formed up to the effective date of the notice of termination,
on the basis of the fee schedule contained herein.
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 schedule set forth below.
In no event shall said amount be greater than Forty -Three
Thousand Two Hundred Fifty Dollars ($43,250) except as other-
wise provided herein.
A. Hourly rates for office and field personnel shall be as
follows:
Classification
Officer
Principal Engineer /Architect
Senior Engineer /Architect
Associate Engineer /Architect
Asst. Engineer III /Architect III
Asst. Engineer I, II /Architect I, II
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Rate
$100 /hour
$ BO /hour
$ 70 /hour
$ 60 /hour
$ 50 /hour
$ 40 /hour
i
Classification
Designer Supervisor
Senior Designer /Technician
Designer /Technician
Senior Drafter
Drafter
Resident Engineer
Resident Inspector
Secretarial
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Rate
$ 50 /hour
$ 45 /hour
$ 40 /hour
$ 35 /hour
$ 30 /hour
$ 50 /hour
$ 40 /hour
$ 26 /hour
It should be noted that the foregoing wage rates are ef-
fective through July 1, 1985.
B. The contract amount shall 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
out -of- pocket expenses such as travel, subsistence,
printing, surveyors, soils engineers, consultants, tele-
phone calls, and other related costs authorized in ad-
vance by the Public Works Director.
VIII. 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
standard fee 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
revised upon prior written approval of the Public Works Director
if the increase in the maximum fee does not exceed Ten Thousand
Dollars ($10,000). If the increase in the maximum fee should
exceed $10,000, an amendment providing for such revisions shall
be processed and executed by the parties hereto.
X. Contractor's Indemnification
The CITY will require that any Contractor performing work in
connection with the construction contract documents produced
under this Agreement hold harmless, indemnify and defend
the State, CITY, and the Engineer, their consultants, and each
of their officers, agents and employees from any and all lia-
bility, claims, losses or damage arising out of or alleged to
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arise from the Contractor's negligence in the performance of
the work described in the construction contract documents,
but not including liability that may be due to the sole negli-
gence of the CITY, the ENGINEER, their consultants or their
officers, agents and employees.
The CITY will require the Contractor to provide comprehensive
general liability insurance with the latter coverage sufficient
to insure the Contract's indemnity, as above required; and
such insurance will include the State, CITY, the ENGINEER, their
consultants, and each of their officers, agents and employees
as additional insureds.
XI. 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 per-
formance of the engineering 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 t
City Clerk
CITY OF NEWPORT BEACH
By
,4&4 -
Mayor
CITY
BOYLE ENGINEERING CORPORATION
By IA&IN C
Victor E. inc r, Jr. PE NGINEE�
Managing Engngineer
PPROvEO AS TO FORM:
By f /V(l Conrad Hohener, Jr., PE ENGINEER
City Attorney Regional Vice President
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TO:
FROM:
SUBJECT:
0
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
( JUN 1`11(984
CITY COUNCIL
Public Works Department
June 11, 1984
CITY COUNCIL AGENDA
ITEM NO. F -3(b)
ENGINEERING SERVICES AGREEMENT FOR DESIGN OF UNIT I UPPER NEWPORT
BAY SEDIMENT CONTROL AND RESTORATION PROJECT
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute the subject engi-
neering services agreement with Boyle Engineering Corporation,
Consulting Engineers.
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 Irvine
Company to advance funds for the preparation of plans and specifications for
the Unit I Upper Newport Bay Sediment Control and Restoration Project. The
Irvine Company has agreed and funds for the subject agreement have been ad-
vanced to the City. A budget amendment has been prepared in order to appro-
priate the funds in the City's current budget.
Proposals have been requested from Boyle Engineering and from
Hunter T. Cook, P.E., to provide engineering services necessary to prepare
plans and specifications for the project. Both firms have submitted proposals,
with compensation based on standard hourly rates. Boyle Engineering's proposal
is for a total maximum fee not to exceed $43,250. Hunter T. Cook's proposal is
for a total maximum fee not to exceed $75,000.
Staff has recommended acceptance of Boyle Engineering Corporation's
proposal.
The work to be performed in the Upper Bay under this project is well
defined and the preparation of the plans and specifications is straight for-
ward. The key to successful completion of the project involves review of
disposal sites which would be available for disposal of the excavated material,
which exceeds the remaining capacity of The Irvine Company's Site "A" dis-
posal site used in the Early Action Project. Both firms have experience work-
ing in the Upper Bay and can meet the City's proposed schedule for the work.
A breakdown of Boyle Engineering Corporation's maximum fee by principal item
of work is as follows:
June 11, 1984
Subject: Engineering Services Agreement for Design of Unit I Upper Newport
Bay Sediment Control and Restoration Project
Page 2
Engineering $25,000
Survey & Geotechnical Services 18,250
Total Fee $43,250
Terms of the agreement provide for the following engineering ser-
vices:
1. Review records of previous project and other pertinent
available data to determine what supplemental information is
needed.
2. Obtain additional soils and survey information as necessary to
complete the design. The scope of these services will be sub-
mitted to the City for approval before beginning any work.
3. Analyze various construction methods and determine which are po-
tentially economically feasible for use on this project.
4. Prepare plans, specifications and contract documents suitable for
bidding. The draft bid package for City of Newport Beach Con-
tract No. 2276 will be used as a general guideline.
5. Assist the City in responding to questions during bidding.
6. Analyze the bids received and recommend action regarding award.
7. Prepare cost estimate for use in analyzing bids.
8. Identify suitable, potentially available disposal sites in the
immediate vicinity and determine usable capacity and conditions
of use.
9. Perform additional work as may be requested by the City in writ-
ing and approved by the Engineer.
The projected project schedule is as follows:
1. Final plans and specifications September 1984
2. State of California Public Works Board approval October 1984
3. Advertise and award of contract by November 1984
a;w- � a. "
Benjamin B. Nolan
Public Works Director
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