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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 a sq 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 • 0 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. 1 of 5 0 0 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 2 o 5 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 3of5 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 0 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 4of5 E � -1 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 5of5 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 JW:jd