HomeMy WebLinkAboutC-2525(A) - Balboa Island Bulkhead Repair near Waters Way & Lido Isle bulkhead repair north of Via LidoCITY OF NEWPORT BEACH
OFFICE Of THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 6443005
TO: FINANCE DIRECTOR
Public Works Department
FROM: CITY CLERK
DATE: October 16, 1986
SUBJECT: Contract No. /C- 2526(A)
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Description of Contract Revised Engineering Agreement for
Balboa Island Bulkhead Repair near Waters Way (C- 2525(A)) and
Lido Isle Bulkhead Repair North of Via Lido (C- 2526(A))
Effective date of Contract October 16, 1986
Authorized by Minute Action, approved on October 13., 1986
Contract with Cash & Associates Engineers
Address P.O. Box 38
Long Beach, CA 90801
Attn: Randy H. Mason, Vice President
Amount of Contract (See Agreement)
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Wanda E. Raggio
City Clerk
WER:pm
Attachment
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TO: CITY COUNCIL
FROM: Public Works Department
October 13, 1986
BY THE CITY COUNCILCITY COUNCIL AGENDA
CITY Of NEWPORT BEACATEM NO. F -3 (h)
per 19 fses c- 2.Ss25 s(%)�
APPROVED c 2sz6 (A)
SUBJECT: BALBOA .ISLAND BULKHEAD REPAIR NEAR WATERS:NAY- ,(,C- 2525i'
LIDO: 'ISLE BULKHEAD- REPAIR.NORTH OF.YIA:1IDOLC- 25261x'
RECOMMENDATION:
Authorize the Mayor and the
DISCUSSION:
On October 28, 1985, the City Council authorized a $21,220 agreement
with Cash & Associates Engineers to provide engineering services for bulkhead
repair work at the two sites listed above. Cash's scope of work did not include
• final plan preparation or contract administration.
Funds were appropriated in the current budget to contract the neces-
sary repair work. Staff desires to retain Cash to prepare the final specifica-
tions, estimates, and construction plans in a timely manner such that the
projects may be submitted to the Council in December. Compensation to Cash
would be per the attached Rate Schedule, with total fee not to exceed $13,000.
Staff has prepared a Revised Engineering Agreement to provide for the
additional work. Inasmuch as an approximate $11,000 balance remains in the
existing purchase order with Cash, the Purchasing Agent need only issue a $2,000
change order to the consultant. Adequate funds exist in Account No. 02- 4197 -302,
Raise Balboa Island Bulkheads, for the change order.
Benjamin B. Nolan
Public Works Director
LRD:jd
0 Att.
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CA
*SH & ASSOCIATES
ENGINEERS
A G'.'gMU COMLA4nM
2599 East 28th Street
P.O. Box 38
Long Beach, CA 90801
(213) 426 -6145
•
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EXHIBIT B
( 4f June, 1986
RATE SCHEDULE FOR ENGINEERING SERVICES
ON A TIME AND MATERIAL BASIS
(EFFECTIVE THRU 12/31/86)
SENIOR ENGINEERING CONSULTANT
SUPERVISING PROJECT MANAGER
PROJECT MANAGER
PROJECT ENGINEER
SENIOR ENGINEER
ARCHITECT
JUNIOR ENGINEER
PROJECT DESIGNER
RESIDENT PROJECT REPRESENTATIVE
SENIOR DESIGNER
DESIGNER
DRAFTER
CLERICAL
IN -HOUSE COMPUTERS:
HOURLY
$82.00
82.00
72.00
68.00
60.00
60.00
40.00
53.00
53.00
50.00
42.00
37.00
30.00
OVERTIME
$82.00
82.00
72.00
68.00
60.00
60.00
46.00
53.00
60.00
57.00
48.00
44.00
36.00
A. Ross Cash
Elliott H. Boone
Randy H. Mason
Wilfrido B. Simbo)
DRAFTING (CAD) 30.00 --
CALCULATIONS 15.00 --
WORD PROCESSOR 10.00 --
In addition, for direct out -of- pocket expenses (if and when they occur) we quote
the following:
1) Automobile: 25a per mile
2) Travel Expense: at Cost
3) Subsistence: While away from home office for more than one day: at
Cost, but not to exceed $150.00 per day /per man.
4) Plan Check and Building Permit Fees: at Cost plus 10% markup
5) Telephone charges outside Area Codes 213, 714, 818: at cost + 10$ markup.
6) Third Party Services: at Cost plus 10% markup
a) Charges resulting from Service Bureau computers
b) Surveying
c) Soils investigation
d) Testing laboratory work
e) Consultant and subcontract professional fees
f) Printing and copy services for bidding and construction documents
Payments due under this schedule shall bear interest at the rate of ten percent
per annum commencing thirty (30) days after the date of invoice. Terms are Net
- Thirty Days.
REVISED ENGINEERING AGREEMENT
THIS REVISED AGREEMENT, entered into this �ay of
1986, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
(hereinafter referred to as "CITY ") and CASH & ASSOCIATES ENGINEERS, whose
address is P. 0. Box 38, Long Beach, CA 90801 (hereinafter referred to as
"ENGINEER "), is made with reference to the following:
RECITALS
A. CITY is a municipal corporation duly organized and validly
existing under the laws of the State of California with the power to carry on
its business as it is now being conducted under the Statutes of the State of
California and the Charter of the City.
B. CITY and ENGINEER entered into a professional services contract
for "Balboa Island Bulkhead Repair near Waters Way" and "Lido Isle Bulkhead
Repair north of Via Lido" (hereinafter referred to as "PROJECT ") upon the terms
and conditions of an Engineering Agreement dated November 1, 1985.
C. CITY and ENGINEER desire to enter into a Revised Engineering
Agreement under the terms and conditions stated herein.
NOW, THEREFORE, it is mutually agreed by and between CITY and ENGINEER
as follows:
1985.
SECTION 1. INCORPORATION OF ENGINEERING AGREEMENT DATED NOVEMBER 1
Terms and Conditions of Engineering Agreement Dated November 1,
1985 shall be incorporated into this Revised Engineering agreement except as
revised herein.
SECTION 2. SERVICES TO BE PERFORMED BY ENGINEER
ENGINEER shall perform each and every service set forth in Exhibit
"A" (revised October, 1986) which is attached hereto and incorporated herein by
this reference.
SECTION 3. TIME OF COMPLETION
ENGINEER shall complete all services set forth in Exhibit "A,"
(revised October, 1986) except for items 9 and 10, on or before November 15,
1986.
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SECTION 4. COMPENSATION TO ENGINEER
ENGINEER shall be compensated for services performed pursuant to
this Agreement in the amount and manner set forth in Exhibit "B" (revised
October, 1986) which is attached hereto and incorporated herein by this
reference.
ATTEST:
4�L� ��.
City Clerk
APaQOVE D AS TO FORM:
City Attorney
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CITY OF NEWPORT BEACH,
a Municipal Corporation
By
Mayor pro Te
CASH & ASSOCIATES ENGINEERS
By 1
�C Pre s; VA 10�7/81O
EXHIBIT "A"
(Revised October, 1986)
SERVICES TO BE PERFORMED BY ENGINEER
ENGINEER shall provide all necessary services except for
geotechnical engineering, record drawing revisions, surveying, and contact
administration for approximately 500 linear feet of "Balboa Island Bulkhead
Repair near Waters Way" and approximately 100 linear feet of "Lido Isle
Bulkhead Repair north of Via Lido," the two sites of PROJECT. ENGINEER's
services shall include, but not be limited to:
1. Engineer and sketch technically feasible alternative
repair schemes at each site.
2. Evaluate each alternative at each site, considering
a. constructability
b. relative construction costs
c. effect on adjacent structures
d. effect on navigational abilities
3. Consult with the governmental agencies responsible for
bulkhead and pierhead lines, as well as for construction
on the waterfront.
4. Prepare a preliminary statement of probable construction
cost for those selected repair approaches at each site.
5. Prepare final detail calculations for the selected repair
alternatives at each site.
6. Present the findings to City in the form of a letter
report for final approval of an alternative at each
site.
7. Prepare construction drawings suitable for bid and construc-
tion. A complete plan will be prepared for each site on mylar
sheets provided free of charge by City.
8. Prepare final statements of probable construction costs at each
site.
9. Check Contractor's shop drawing submittals.
10. Provide in- the -field assistance to City (but not
construction inspection) to resolve any design - related
question which may arise during construction.
Services to be performed by Engineer may be revised with prior
written approval of City.
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EXHIBIT "B"
(Revised October, 1986)
COMPENSATION TO ENGINEER
A. In consideration of the performance of services specified under
Exhibit "A" of this Agreement, City hereby agrees to compensate
Engineer an amount based upon the following hourly rates:
Classification of Personnel Hourly Rate
Senior Engineering Consultant
$82.00
Supervising Project Manager
82.00
Project Manager
72.00
Senior Engineer
60.00
Architect
60.00
Senior Designer
50.00
Junior Engineer
40.00
Designer
42.00
Drafter
37.00
Clerical
30.00
B. All costs incurred by Engineer during the performance of terms and
conditions specified in this Agreement and services specified
under Exhibit "A" (revised October, 1986) attached thereto shall
be included and absorbed into the hourly rates shown above.
C. Aggregate compensation to Engineer shall not be greater than
Twenty -three Thousand Two Hundred Twenty Dollars ($23,220) except
as permitted under paragraph F. below.
D. Engineer's invoices shall include classifications of personnel,
dates and hours worked in the performance of services specified
under Exhibit "A" (revised October, 1986) of this Agreement.
E. City shall remit payment to Engineer within 30 days after receipt
of Engineer's invoice.
F. Aggregate compensation to Engineer may be revised with prior writ-
ten approval of City, except that an increase in aggregate compen-
sation exceeding Ten Thousand Dollars ($10,000) shall require that
an engineering agreement for such revision be processed by City
and Engineer.
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TO: FINANCE DIRECTOR
Public Works
FROM: CITY CLERK
DATE: November 1, 1985
\J
CITY OF NEWPORT BEACH
OFFICE OF THE CrrY CLERK
)714) 640 -2251
SUBJECT: Contract No. /C- 2526(A)
Description of Contract Engineering Agreement for Balboa Island
Bulkhead Repair near Waters Way (C- 2525(A)) and Lido Isle Bulkhead
Repair North of Via Lido (C- 2526(A))
Effective date of Contract November 1, 1985
Authorized by Minute Action, approved on October 28, 1985
Contract with Cash 6 Associates Engineers
Address P.O. Box 38
Long Beach, CA 90801
Attn: Randy H. Mason, Vice President
Amount of Contract (See Agreement)
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
V
ENGINEERING AGREEMENT
THIS AGREEMENT, entered into this,` day of
198, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
(hereinafter referred to as "CITY ") and CASH & ASSOCIATES ENGINEERS, whose
address is P. 0. Box 38, Long Beach, CA 90801 (hereinafter referred to as
"ENGINEER "), is made with reference to the following:
RECITALS
A. CITY is a municipal corporation duly orgainized and validly
existing under the laws of the State of California with the power to carry on
its business as it is now being conducted under the Statutes of the State of
California and the Charter of the City.
B. CITY and ENGINEER desire to enter into a professional services
agreement for "Balboa Island Bulkhead Repair near Waters Way" and "Lido Isle
Bulkhead Repair north of Via Lido" (hereinafter referred to as "PROJECT ") upon
the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between CITY and ENGINEER
as follows:
SECTION 1. SERVICES TO BE PERFORMED BY ENGINEER
ENGINEER shall perform each and every service set forth in Exhibit
"A" which is attached hereto and incorporated herein by this reference.
SECTION 2. TIME OF COMPLETION
ENGINEER shall complete all services set forth in Exhibit "A,"
except for items 9 and 10, on or before February 15, 1986.
SECTION 3. COMPENSATION TO ENGINEER
ENGINEER shall be compensated for services performed pursuant to
this Agreement in the amount and manner set forth in Exhibit "B" which is
attached hereto and incorporated herein by this reference.
SECTION 4. STANDARD OF CARE
ENGINEER represents that all services performed hereunder shall be
provided in a manner commensurate with the professional standards of care and
shall be performed by qualified and experienced personnel.
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SECTION 5. INDEPENDENT PARTIES
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CITY and ENGINEER intend that the relation between them created by
this Agreement is that of employer- independent contractor. The manner and means
of conducting the work are under the control of ENGINEER, except to the extent
they are limited by statue, rule or regulation and the express terms of this
Agreement. No Civil Service status or other right of employment will be acquired
by virtue of ENGINEER'S services. None of the benefits provided by CITY
to its employees, including but not limited to unemployment insurance, workers'
compensation plans, vacation and sick leave, are available from CITY to
ENGINEER, its employees or agents. From any fees due ENGINEER, deductions shall
not be made for any State or Federal taxes, FICA payments, PERS payments, or
other purposes normally associated with an employer - employee relationship.
Payment of the above items, if required, are the responsibility of ENGINEER.
SECTION 6. HOLD HARMLESS
ENGINEER shall indemnify and hold harmless CITY, its City Council,
boards and commissions, officers, agents, servants, and employees from and
against any and all loss, damages, liability, claims, suits, costs and expenses,
whatsoever, including reasonable attorneys' fees, regardless of the merit or
outcome of any such claim or suit, arising from or in any manner connected to
ENGINEER'S negligent performance of services or work conducted pursuant to this
Agreement.
ENGINEER shall indemnify and hold harmless CITY, its City Council,
boards and commissions, officers, agents, servants, and employees from and
against any and all claims and losses whatsoever, including reasonable attor-
neys' fees, accruing or resulting to any and all persons, firms or corporations
furnishing or supplying work, services, materials, equipment or supplies arising
from or in any manner connected to the negligent performance of services pur-
suant to this Agreement and arising out of or connected to such services, and
from any and all claims and losses whatsoever, including reasonable attorneys'
fees, accruing or resulting to any person, firm or corporation for damage,
injury or death arising out of ENGINEER'S negligent services pursuant to this
Agreement.
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SECTION 7. INSURANCE
On or before the commencement of the term of this Agreement,
ENGINEER shall furnish CITY with certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance
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coverage. Such certificates, which do not limit ENGINEER'S indemnification,
shall also contain substantially the following statement: "The insurance
covered by this certificate will not be cancelled or materially altered, except
jafter ten (10) days' written notice has been received by the City of Newport
Beach.
It is agreed that ENGINEER shall maintain in force at all times
during the performance of this Agreement all appropriate coverage of insurance
required by this Agreement, and that said coverage of insurance shall be secured
from an insurance company assigned Policyholders' Rating B+ (or higher) and
Financial Size Category Class VIII (or larger) by the latest edition of Best's
Key Rating Guide and licensed to do insurance business in the State of
California.
A. INSURANCE COVERAGE REQUIRED
1. Workers' Compensation. Statutory coverage as required by the
State of California.
2. Liability. Comprehensive general and automotive liability
coverage in the following minimum limits:
Bodily injury $250,000 each person
$500,000 each occurrence
$500,000 aggregate
Property Damage $100,000 each occurence
$250,000 aggregate
A combined single limit policy with aggregate limits in the amount
of $1,000,000 will be considered equivalent to the required minimum limits shown
above.
3. Errors and Omissions. Errors and omissions insurance, which
includes coverage for professional malpractice in the amount of at least
$500,000.
B. SUBROGATION WAIVER
ENGINEER agrees that in the event of loss due to any of the perils
for which it has agreed to provide insurance, with the exception of Professional
Liability (E & 0), that ENGINEER shall look solely to its insurance for reco-
very. ENGINEER hereby grants to CITY, on behalf of any insurer providing
insurance to either ENGINEER or CITY with respect to the services of ENGINEER
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herein, a waiver of any right of subrogation which any such insurer of said
ENGINEER may acquire against CITY by virtue of the payment of any loss under
such insurance.
C. FAILURE TO SECURE
If ENGINEER at any time during the term hereof, should fail to
secure or maintain the foregoing insurance, CITY shall be permitted to obtain
such insurance at a rate no more than the existing rate in ENGINEER'S name or as
an agent of ENGINEER, and shall be compensated by ENGINEER for the costs of such
insurance at the maximum rate permitted by law computed from the date written
notice is received that such costs have been paid.
D. ADDITIONAL INSURED
CITY, its City Council, boards and commissions, officers, agents,
servants and employees shall be named as an additional insured under all
insurance coverages except E & 0 required by this Agreement. The naming of an
additional insured shall not affect any recovery to which such additional
insured would be entitled under this policy if not named as such additional
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insured; and an additional insured named herein shall not be held liabile for
any premium or expense of any nature on this policy or any extension thereof.
Any other insurance held by an additional insured shall not be required to
contribute anything toward any loss or expense covered by the insurance provided
by this policy. Proceeds from any such policy or policies shall be payable to
CITY primarily, and to ENGINEER secondarily, if necessary.
SECTION 8. PROHIBITION AGAINST TRANSFERS
ENGINEER shall not assign, sublease, hypothecate, or transfer this
Agreement or any interest therein directly or indirectly, by operation of law or
otherwise, without the prior written consent of CITY; any attempt to do so
without said consent shall be null and void, and any assignee, sublessee,
hypothecate or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other dispostion of any of the
issued and outstanding capital stock of ENGINEER, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if ENGINEER
is a partnership or joint venturer or syndicate or cotenancy, which shall
result in changing the control of ENGINEER, shall be construed as an assignment
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of this Agreement. Control means fifty percent (50 %) or more of the voting
power of the corporation.
SECTION 9. PERMITS AND LICENSES
ENGINEER, at its sole expense, shall obtain and maintain during
the term of this Agreement, all appropriate permits, licenses and certificates
that may be required in connection with the performance of services hereunder.
SECTION 10. REPORTS
Each and every report, draft, work - product, map, record and other
document reproduced, prepared or caused to be prepared by ENGINEER pursuant to
or in connection with this Agreement shall be the exclusive property of CITY
and ENGINEER shall have neither rights nor obligations concerning these docu-
ments upon completion of the PROJECT.
No report, information or other data given to or prepared or
assembled by ENGINEER pursuant to this Agreement shall be made available to
any individual or organization by ENGINEER without prior approval of CITY.
ENGINEER shall, at such time and in such form as CITY may require,
furnish reports concerning the status of services required under this Agreement.
SECTION 11. RECORDS
ENGINEER shall maintain complete and accurate records with respect
to costs, expenses, receipts and other such information required by CITY that
relate to the performance of services under this Agreement.
ENGINEER shall maintain adequate records on services provided in
sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible. ENGINEER shall provide free
access to the representatives of CITY or its designees at all proper times to
such books and records, and gives CITY the right to examine and audit same, and
to make transcripts therefrom as necessary, and to allow inspection of all work,
data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be kept separate from other
i
documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
SECTION 12. NOTICES
All notices, demands, requests or approvals to be given under this
Agreement, shall be given in writing and conclusively shall be deemed served
5 of 10
when delivered personally or on the second business day after the deposit
thereof in the United States mail, postage prepaid, registered or certified,
addressed as hereinafter provided.
All notices, demands, requests, or approvals from ENGINEER to CITY
shall be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
All notices, demands, requests, or approvals from CITY to ENGINEER
shall be addressed to ENGINEER at:
Cash & Associates Engineers
P. 0. Box 38
Long Beach, CA 90801
Attention: Randy H. Mason, Vice President
SECTION 13. TERMINATION
In the event ENGINEER hereto fails or refuses to perform any of
the provisions hereof at the time and in the manner required hereunder, ENGINEER
shall be deemed in default in the performance of this Agreement. If such
default is not cured within a period of five (5) days after receipt by ENGINEER
from CITY of written notice of default, specifying the nature of such default
and the steps necessary to cure such default, CITY may terminate the Agreement
forthwith by giving to the ENGINEER written notices thereof.
CITY and ENGINEER shall have the option, at their sole discretion
and without cause, of terminating this Agreement by giving thirty (30) days
written notice to either party as provided herein. Upon termination of this
Agreement, each party shall pay to the other party that portion of compensation
specified in this Agreement that is earned and unpaid prior to the effective
date of termination.
SECTION 14. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof
or for damages by reason of an alleged breach of any provisions of this
Agreement, the prevailing party shall be entitled to receive from the losing
party all costs and expenses in such amount as the court may adjudge to be
reasonable attorneys' fees.
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SECTION 15. ADVERTISEMENT
ENGINEER shall not post, exhibit, display or allow to be posted,
exhibited, displayed any signs, advertising, show bills, lithographs, posters or
cards of any kind unless prior written approval has been secured from CITY to do
otherwise.
SECTION 16. COMPLIANCES
ENGINEER shall comply with all applicable laws, State or Federal,
and all ordinances, rules and regulations enacted or issued by CITY.
SECTION 17. NUISANCE
ENGINEER shall not maintain, commit, or permit the maintenance or
commission of any nuisance in connection with the performance of services under
this Agreement.
SECTION 18. SAFETY REQUIREMENT
All work performed by the ENGINEER under this contract shall be
performed in such a manner as to provide safety to the public and to meet or '
exceed the safety standards outlined by CAL -OSHA. CITY reserves the right to
issue restraint or cease and desist orders to the ENGINEER when unsafe or harm-
ful acts are observed or reported relative to the performance of the work under
this Agreement.
The ENGINEER shall maintain his work sites free of hazards to per -
sons and /or property resulting from his operations. Any hazardous condition
noted by the ENGINEER, which is not a result of his operations, shall imme-
diately be reported to CITY.
SECTION 19. SUBCONTRACTOR APPROVAL
Unless prior written consent from CITY is obtained, only those
people and subcontractors whose names and addresses appear in this Agreement or
any attachments hereto shall be used in the performance of this Agreement.
Request for additional subcontracting shall be submitted in writing, describing
the scope of work to be subcontrated and the name of the proposed subcontractor.
Such request shall set forth the total price or hourly rates used in preparing
an estimated cost for the subcontractor's services.
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SECTION 20. WAIVER
A waiver by CITY of any breach of any term, covenant, or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant, or condition contained herein whether of
the same or a different character.
SECTION 21. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of
every kind or nature whatsoever between the parties hereto and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein. No
verbal agreement or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written
execution signed by both CITY and ENGINEER.
IN WITNESS WHEREOF, the parties have caused this Agreement to be exe-
cuted on the day and year first above written.
M NEWPORT BEACH,
Ca Muni p1C in
ATTEST:
��dk' (i(iCrx ayor
City Clerk
i
APPROVED AS TO FORM:
CTty Attorney
CASH & ASSOCIIAAT/ES ENjGINEERSS+
By
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EXHIBIT "A"
0
SERVICES TO BE PERFORMED BY ENGINEER
ENGINEER shall provide all necessary services except for
geotechnical engineering, drafting of construction plans, and contact
administration for approximately 500 linear feet of "Balboa Island
Bulkhead Repair near Water Way" and approximately 100 linear feet of
"Lido Isle Bulkhead Repair north of Via Lido." ENGINEER's services
shall include, but not be limited to:
1. Engineer and sketch technically feasible alternative
repair schemes at each site.
2. Evaluate each alternative at each site, considering
a. constructability
b. relative construction costs
c. effect on adjacent structures
d. effect on navigational abilities
3. Consult with the governmental agencies responsible for
bulkhead and pierhead lines, as well as for construction
on the waterfront.
4. Prepare a preliminary statement of probable construction
cost for those selected repair approaches at each site.
5. Present the findings to City in the form of a letter
report for final approval of an alternative at each
site.
6. Prepare final detail calculations for the selected
repair alternatives at each site.
7. Prepare for each site engineering specifications and sketches
suitable for drawing by City.
8. Prepare final statements of probable construction costs at each
site.
9. Review, stamp and sign construction documents produced by City.
10. Provide in- the -field assistance to City (but not
construction inspection) to resolve any design - related
question which may arise during construction.
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EXHIBIT "B"
COMPENSATION TO ENGINEER
A. In consideration of the performance of services specified under
Exhibit "A" of this Agreement, City hereby agrees to compensate
Engineer an amount based upon the following hourly rates:
Classification of Personnel Hourly Rate
Senior Engineering Consultant
r
Supervising Project Manager
75.00
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EXHIBIT "B"
COMPENSATION TO ENGINEER
A. In consideration of the performance of services specified under
Exhibit "A" of this Agreement, City hereby agrees to compensate
Engineer an amount based upon the following hourly rates:
Classification of Personnel Hourly Rate
Senior Engineering Consultant
$75.00
Supervising Project Manager
75.00
Project Manager
65.00
Senior Engineer
55.00
Architect
55.00
Engineer
52.00
Senior Designer
45.00
Designer
40.00
Drafter
37.00
Clerical
25.00
B. All costs incurred by Engineer during the performance of terms and
conditions specified in this Agreement and services specified
under Exhibit "A" attached thereto shall be included and absorbed
into the hourly rates shown above.
C. In no event shall aggregate compensation to Engineer be greater
than Twenty -one Thousand Two Hundred Twenty Dollars ($21,220).
D. Engineer's invoices shall include classifications of personnel,
dates and hours worked in the performance of services specified
under Exhibit "A" of this Agreement.
E. City shall remit payment to Engineer within 30 days after receipt
of Engineers invoice.
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TO: CITY COUNCIL
FROM: Public Works Department
•
Oy THE CITY COUNCIL
CITY OF NEWPORT BEACH
OCT 2 81985
APPROVED
October 28, 1985
CITY COUNCIL AGENDA
ITEM NO. F -3(a)
SUBJECT: BALBOA ISLAND.-BULKHEAD REPAIR NEAW-VATERS WAY (C4525)
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute a professional ser-
vices agreement with Cash i Associates Engineers.
DISCUSSION:
Several months ago, the Public Works Engineering staff became
increasingly suspect of sidewalk settlements adjacent to City -owned bulkheads
around Balboa and Little Balboa Islands. A contractor was hired to perform
excavation work such that the structural support systems for the bulkheads
could be inspected. The coastal engineering firm of Cash & Associates
Engineers was retained to work with City staff and its contractor to inspect
the systems, and to prepare a report of the bulkhead investigations.
Cash's final report of July 11, 1985 includes field investigations of
the six test pits shown on the attached Vicinity Map. In essence, the report
recommends repair of the Waters Way bulkhead (approximately 500 feet long,
represented by Test Pits Nos. 5 and 6) "as soon as possible," and a more routine
repair priority for portions of the bulkhead around Little Balboa Island
(represented by Test Pits Nos. 1 through 4).
Just prior to receipt of Cash's final report, Engineering staff was
called out to review another sidewalk settlement adjacent to the bulkhead along
the easterly bridge approach north of Via Lido on Lido Isle. Staff worked with
Utilities Department crews to investigate the structural support system, and
found generally the same deficiencies listed in Cash's report; namely, (1) long-
term rusting of the steel tension rods that connect bulkhead copings to their
anchor blocks or piles, (2) anchor blocks or piles which are not located suf-
ficiently distant from the bulkheads, and (3) deeper- than - intended dredging of
soil for boat slips adjacent to the bulkheads; all of which seem to contribute
to eventual cracking and displacement of bulkheads.
The firm of Action Geotechnical Consultants, Inc., was retained to
provide soil borings, laboratory tests and recommendations (from a soils engi-
neering standpoint) for repairs at both sites. Staff has also obtained a propo-
sal from Cash to consider the three bulkhead repair alternatives shown on the
(jk)
• •
October 28, 1985
Subject: Balboa Island Bulkhead Repair near Waters Way (C -2525)
Lido Isle Bulkhead Repair North of Via Lido (C -2526)
Page 2
attached sketch and to provide engineering services for both bulkhead repair
sites. Cash's scope of work includes all necessary services except for geotech-
nical engineering, drafting of plans, and contract administration. (Drafting
and contract administration may be done with City forces.) Compensation to Cash
would be per the attached Rate Schedule, with total fee not to exceed $21,220.
The current budget contains no appropriation for consultant engi-
neering or for construction of bulkhead repairs. It does, however, contain a
balance of $48,250 for the raising of sea walls around Balboa and Little Balboa
Islands. The Balboa Island Improvement Assocation has requested that the City
not raise the bulkhead around Balboa Island, whereas the Little Balboa Island:
Property Owners Association is actively pursuing a seawall raising around their
island.
Engineering staff recommends that since the bulkhead repair work
should be done prior to any raising of the seawall, funds for the engineering
work be provided from the appropriation for raising seawalls (Acct. No.
02- 4197 -302). The funds required to raise the Little Balboa Island bulkhead
could then be rebudgeted for construction during FY 1986 -87.
Funds to construct the highest priority repairs of the bulkheads,
expected to total more than $350,000, will have to be developed upon completion
of the final Engineer's estimate. Staff anticipates that this amount may be
funded by a combination of transfers from other maintenance appropriations and
by appropriations of additional funds into the current budget. A phased program
of additional repairs will be developed for inclusion in subsequent budgets.
J,411 J ?4
Benjamin B. Nolan
Public Works Director
LRD :jd
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VICINITY _MAP
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0MEAD REPAIR ALTERNATIVES 0
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ASSEMBLY APP�OX Sp�O L Cr
EARTH ANCHOR
• October, 1984
A. Ross Cash
Elliott H. Boone
j Richard L. Smart
EXHIBIT B Randy H. Mason
Wilfrido B. Simbol
RATE SCHEDULE FOR ENGINEERING SERVICES
CASH b ASSOCIATES ON A TIME AND
MATERIAL BASIS
ENGINEERS
2599 East 28th Street
• P.O. Box 38
Long Beach, CA 90801
(213) 426 -6145
HOURLY
OVERTIME
SENIOR ENGINEERING CONSULTANT
$75.00
$75.00
SUPERVISING PROJECT MANAGER
75.00
75.00
PROJECT MANAGER
65.00
65.00
SENIOR ENGINEER
55.00
55.00
+ ARCHITECT
55,00
55.00
ENGINEER
52,00
52.00
SENIOR DESIGNER
45,00
54.00
DESIGNER
40,00
48.00
DRAFTER
37.00
44.00
CLERICAL
25.00
30.00
IN -HOUSE COMPUTERS:
DRAFTING (CAD)
27.50
--
CALCULATIONS
10.00
--
WORD PROCESSOR
10.00
--
In addition, for direct out -of- pocket
expenses (if and when they occur) we
quote the following:
1) Automobile: 25@ per mile
2) Travel Expense: at Cost
3) Subsistence: While away from home office for
more than one day: at
Cost, but not to exceed $150.00
per day /per man.
4) Plan Check and Building Permit
Fees: at Cost plus
10$ markup
5) Telephone charges outside Area
Codes 213, 714, 818:
at cost + 10% markup.
6) Third Party Services: at Cost plus 10% markup
a) Charges resulting from Service Bureau computers
b) Surveying
c) Soils investigation
d) Testing laboratory work
e) Consultant and subcontract
professional fees
j f) Printing and copy services
for bidding and construction documents
Payments due under this schedule shall bear interest at the rate of ten percent
per annum commencing thirty (30) days after the date of invoice. Terms are Net
- Thirty Days.
57