HomeMy WebLinkAboutC-2656 - Balboa Peninsula and West Newport Littoral Sand Movement Study0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 6443005
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TO: VINANCE DIRECTOR /p jy��9sC2i
FROM: CITY CLERK
DATE: July 16, 1987
SUBJECT: Contract No. C -2656
Description of Contract Professional Services Agreement for
Balboa Peninsula and West Newport Littoral Sand Movement Study.
Effective date of Contract July 16, 1987
Authorized by Minute Action, approved on July 13, 1987
Contract with Moffatt S Nichol, Engineers
Address 250 West Wardlow Road
P.O. Box 7707
Long Beach, CA 90807
Amount of Contract (SPP AgrPAmPnr)
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Wanda E. Raggio
City Clerk
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Attachment
3300 Newport Boulevard, Newport Beach
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TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: BALBOA PENINSULA AND WEST NEWPORT
LITTORAL SAND MOVEMENT STUDY
PROFESSIONAL SERVICES AGREEMENT..0 -2656
RECOMMENDATIONS:
July 13, 1987
CITY COUNCIL AGENDA
ITEM NO. F -3(b)
BY THE CITY COUNCIL
CITY Of NEWPORT BEACH
JA�ROVED
Authorize the Mayor and the City Clerk to execute the subject
Professional Services Agreement with Moffatt & Nichol Engineers.
DISCUSSION:
The U.S. Army Corps of Engineers plans to design and construct major
flood control improvements to provide increased flood protection along the Santa
Ana River. Preliminary studies and design of the Proposed River Mouth Improvements
indicate that no significant change is anticipated in the adjacent shoreline
configurations. The subject study intends to look more closely at the beaches
in Newport and the effects of the Santa Ana River Project on beach configurations.
The proposal from Moffatt & Nichol Engineers is to prepare the
subject study for a fee based on standard hourly rates not to exceed $45,000.00.
In discussions subsequent to the original proposal, it is apparent
that additional underwater reconnaissance would be beneficial. The agreement
has been structured so that, if funds (approximately $8,000) become available
in 1988/89 fiscal year, periodic follow -up surveys can be made to establish and
confirm the region of offshore directed transport.
The principal terms of the Agreement are as follows:
ENGINEER SHALL:
1. Determine present pattern of beach behavior.
2. Determine effect of Santa Ana River Project on discharge of sand
to the littoral zone and beaches in Newport Beach.
3. Determine effect of Santa Ana River Project on sand bypassing
• the river jetties.
4. Determine optimum disposal procedure for sand removal from the
Santa Ana River.
5. Prepare final report and provide consultation for meeting the
Corps of Engineers.
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Subject: Professional Services Agreement for C -2656
July 13, 1987
CITY SHALL:
1. PrdWde all available existing information related to carrying
t the work.
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2. Provide diver, boat, and operator, on an availability basis, to
assist consultant in underwater reconnaissance.
3. Provide consultant with 300 under water survey rods (1/2 -inch
rebar cut in 5- foot - lengths).
Funds for the study have been provided in the current budget.
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Benjamin B. Nolan
Public Works Director
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John Wolter
Cooperative Projects Engineer
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Att.
0 • C - ZL -.56
CITY OF NEWPORT BEACH
PROFESSIONAL SERVICES AGREEMENT
FOR
BALBOA PENINSULA AND WEST NEWPORT LITTORAL SAND MOVEMENT STUDY
THIS AGREEMENT is made and entered into on this GL�Ll day of July,
1987, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "CITY ", and the firm of MOFFATT & NICHOL, ENGINEERS,
a California Corporation, hereinafter referred to as "ENGINEER"
WITNESSETH:
WHEREAS, the Santa Ana river enters the Pacific Ocean at the westerly
limits of the City of Newport Beach; and
WHEREAS, the U.S. Army Corps of Engineers plans to design and construct
major flood control improvements to provide increased flood protection along the
Santa Ana River; and
WHEREAS, the CITY has requested professional services to determine
possible effects the Santa Ana River Project might have on beaches at West
Newport and the Balboa Peninsula; and
WHEREAS, ENGINEER has submitted a proposal for professional services
dated February 11, 1987, to perform an investigation of littoral sand movement
at West Newport Beach and Balboa Peninsula, hereinafter referred to as "STUDY ";
and
WHEREAS, CITY desires to accept said proposal;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto
do agree as follows:
I. GENERAL
A. CITY engages ENGINEER to perform the described services for
the consideration hereinafter stated.
B. ENGINEER agrees to perform said services in accordance with
the terms and conditions hereinafter set forth.
C. ENGINEER agrees that all services required hereunder shall
be performed under his direct supervision, and all personnel engaged in the work
shall be fully qualified and shall be authorized or permitted under State and
local law to perform such services. ENGINEER shall not sublet, transfer or
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assign any work except as otherwise provided for herein or as authorized in
advance by CITY.
II. SERVICES TO BE PERFORMED BY ENGINEER
A. Determine present patterns of beach behavior and causes.
1. Quantify shoreline position using available aerial photos,
and Corps of Engineers survey data.
2. Perform hydrographic survey.
3. Perform underwater reconnaissance.
a. Structure Study, so that if funds become available in
future, periodic follow -up surveys can be made to establish region of off- shore-
directed transport.
4. Perform sediment budget analysis.
B. Determine effect of the Santa Ana River Project on discharge of
sand to the littoral zone and beaches in Newport Beach.
1. Determine sediment transport capacity of Santa Ana River
under present and proposed conditions.
2. Determine importance of sediment availability under present
and proposed conditions.
3. Analyze sand volume delivered to coast under present and
proposed conditions and determine effect of possible changed delivery rate on
shoreline behavior in Newport Beach.
C. Determine effect of Santa Ana River Project on the sand
bypassing the river jetties.
1. Determine how much the present bypass rate will change
when new jetties are constructed.
2. Determine longshore transport rate at west side of river
mouth under present and proposed conditions.
3. Evaluate the effects of the proposed river month structures
on beach behavior in Newport Beach.
D. Determine optimum disposal procedure for sand removed from the
Santa Ana River.
river.
1. Determine optimum disposal sites for sediment received from
2. Determine optimum beach fill configuration.
3. Determine optimum placement rate, if possible.
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E. Provide reports and consultation services.
1. Provide interim report, using available data, within six
months of execution of agreement.
2. Attend up to three meetings between City of Newport Beach
and Corps of Engineers, and provide technical consultation to City.
3. Provide final report.
III. DUTIES OF CITY
A. Provide all information, materials, data reports, plans and
maps as are existing and available that may be necessary for carrying out the
work out lined herein.
B. Provide diver, boat and operator on availability basis to
assist Consultant in underwater reconnaissance and periodic surveys.
C. Provide Consultant with 300 underwater survey rods
(one - half -inch rebar cut in five -foot lengths).
IV. TIME OF COMPLETION
All services to be performed by ENGINEER shall be completed by
June 30, 1989.
V. OWNERSHIP OF DOCUMENTS
Original drawings, reports, notes, maps and other documents
relating to the STUDY shall become the exclusive property of CITY and may be
reproduced as deemed necessary by the Public Works Director or his duly
authorized representative.
VI. RIGHT OF TERMINATION
A. 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 when delivered personally or upon deposit in the United States
mail, postage prepaid, addressed to ENGINEER's business office at 250 West
Wardlow Road, P. 0. Box 7707, Long Beach, California 90807.
B. In the event of termination due to errors, omissions, or
negligence of ENGINEER, CITY shall be relieved of any obligation to compensate
ENGINEER for that portion of work affected by such errors, omissions, or negli-
gence of ENGINEER. If this Agreement is terminated for any other reason, CITY
agrees to compensate ENGINEER for the actual services performed up to the effec-
tive date of the Notice of Termination, on the basis of the fee schedule con-
tained herein.
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VII. SUBCONTRACTORS AND ASSIGNMENT
A. None of the services included in this Agreement shall be
contracted or subcontracted without the prior written approval of CITY.
B. ENGINEER shall not assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written consent
of CITY, provided, however, that claims for money due or to become due ENGINEER
from CITY under this Agreement may be assigned to a bank, trust company or other
financial institution, or to a trustee in bankruptcy, without such approval.
Notice of any such assignment or transfer shall be promptly furnished by CITY.
VIII. PAYMENT AND FEE SCHEDULE
A. Inconsideration for the performance of the specified services,
CITY hereby agrees to compensate ENGINEER on a time and materials basis not to
exceed the amount of Forty -five Thousand Dollars ($45,000).
B. The contract amount shall be paid in monthly partial payments
based on billing for hours expended and costs incurred during the preceding
month. Billings submitted shall be based on the FEE SCHEDULE set forth below.
C. CITY agrees to reimburse ENGINEER for the actual cost of
reproduction of copies of reports and related documents and other expenditures
authorized in advance by CITY at the rate of cost plus Fifteen Percent (15 %).
D. CITY shall remit payments to ENGINEER within thirty (30) days
after receipt of ENGINEER's invoice. Invoice shall include classifications of
personnel, dates and hours worked in the performance of services specified in
Section II herein above.
E. FEE SCHEDULE
Classification Hourly Rates
Engineering
Principals
$105.00
Project Manager
$
86.00
Project Engineers
$
80.00
Coastal Scientist
$
80.00
Mechanical Engineer
$
72.00
Electrical Engineer
$
72.00
Structural Engineer
$
65.00
Coastal /Harbor Engineer
$
62.00
Civil Engineer
$
62.00
Staff Engineer
$
46.00
Architects /Specifications
Architects $ 60.00
Specifications $ 60.00
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Drafting
Drafter II
Drafter I
Clerical
Word Processing
General Clerical
Reimbursable Expenses
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$ 49.00
$ 36.00
$36.00
$32.00
Computer Rates - General System at $200 /hour
- Micro Computer at $25 /hour
Reproductions - In -house prints & Xerox at cost
- Other reproduction at cost plus 15%
Subcontractors - Cost + 15% unless otherwise provided
in written agreement
Mileage - Company auto at 25 cents /mile
Travel - Travel and expenses at cost
NOTE: HOURLY RATES & REIMBURSABLE EXPENSES SUBJECT TO REVISION
IX. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be per-
formed by ENGINEER shall be made without prior written approval from CITY. In
consideration for the performance of additional services authorized by CITY in
writing, CITY hereby agrees to compensate ENGINEER an amount based upon the
hourly rate shown in the FEE SCHEDULE hereinabove; except that an increase in
the total compensation exceeding Ten Thousand Dollars ($10,000) shall require
that an amendment for such additional services be processed and executed by the
ENGINEER and CITY.
X. 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 the services under this contract. 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 the CITY the right to examine and audit
same, and to make transcripts therefrom as deemed necessary, and to allow
inspection of all work, data, documents, proceedings and activities related to
this Agreement.
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A. On or before the date of commencement of the term of this
Agreement, ENGINEER shall furnish the CITY with certificates showing the type,
amount, class of operations covered, effective dates and dates of expiration of
insurance policies. Such certificates which do not limit ENGINEER's indem-
nification, shall also contain substantially the following statement: "The
insurance covered by this certificate may not be cancelled or materially
altered, except after Ten (10) days' written notice has been received by CITY."
B. ENGINEER shall maintain in force at all times during the per-
formance of this Agreement policies of insurance as required by this Agreement;
and said policies of insurance shall be secured from an insurance company
assigned Policyholders' Rating of "B" (or higher) and Financial Size Category
Class XV (or larger) in accordance with an industry -wide standard and shall
be licensed to do insurance business in the State of California.
ages:
C. ENGINEER shall maintain the following minimum insurance cover-
1. Workers' Compensation
Statutory coverage as required by the State of California.
2. Liability Insurance
General liability coverage in the following minimum limits:
Bodily Injury $ 500,000 each occurrence
$1,000,000 aggregate
Property Damage $ 100,000 each occurrence
$ 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.
D. Subrogation Waiver
In the event of loss or claim of loss due to any of the perils
for which it has agreed to provide insurance,
insurance for recovery. ENGINEER hereby gran
general liability insurer providing insurance
respect to the services of ENGINEER, a waiver
any such insurer of said ENGINEER may acquire
payment of any loss under such insurance.
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ENGINEER shall look solely to its
is to CITY, on behalf of any
to either ENGINEER or CITY with
of any right of subrogation which
against CITY by virtue of the
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E. Failure to Secure
If ENGINEER at any time during the term of this Agreement,
should fail to secure or maintain the foregoing insurance, CITY shall be per-
mitted to obtain such insurance in the ENGINEER's name or as an agent of
ENGINEER and shall be compensated by ENGINEER for the costs of the insurance
premiums at the maximum rate permitted by law computed from the date written
notice is received that the premiums have been paid.
F. Additional Insured
CITY, its City Council, boards and commissions, officers,
agents, servants and employees shall be named as an additional insured under all
insurance policies required under this Agreement except for errors and omissions
insurance. 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 insured; and an additional insured named herein shall not be
held liable 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.
XI. 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.
XII. 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 costs of litigation.
XIII. 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
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hereof. Any modification of this Agreement will be effective only by written
execution signed by both CITY and ENGINEER.
XIV. HOLD HARMLESS
ENGINEER shall indemnify and hold harmless CITY, its City Council,
boards and commissions, officers, servants, and employees from and against any
and all loss, damages, liability, claims, suits, costs and expenses,
whatsoever, including reasonable costs of litigation regardless of the merit
or outcome of any such claim or suit, arising from ENGINEER's errors,
negligent acts or omissions, for work conducted pursuant to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the date first above written:
APPROVED AS TO FORM:
Carol Kbeade, Assistant City Attorney
ATTE T:
City C erk
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
(714) 644 -3311
Moffatt & Nichol, Engineers
250 West Wardlow Road
P.O. Box 7707
Long Beach, CA 90807
(213) 426 -9551
CITY OF NEWPORT BEACH,
a Municipal Corporatic
By:
. uox, or., mayor
MOFFATT & NICHOL, ENGINEERS
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By:
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