HomeMy WebLinkAboutC-3681(A) - PSA; Newport Boulevard/Hospital Road Right Turn Modifications; Amendment No. 40 0 C -3681
AMENDMENT NO.4 TO
PROFESSIONAL SERVICES AGREEMENT
WITH W.G. ZIMMERMAN ENGINEERING INC.
FOR NEWPORT BOULEVARD/HOSPITAL ROAD
RIGHT TURN MODIFICATIONS
THIS AMENDMENT NO. 4 TtO' PROFESSIONAL SERVICES
AGREEMENT, entered into thisz� N
day of ddt li'L. II ee' , 2006, by
and between the City of Newport Beach, a municipal corporation, (hereinafter referred
to as "CITY") and W.G. Zimmerman Engineering Inc., a California corporation, whose
address is 801 Pacific Coast Highway, Suite 200, Seal Beach, California 90740,
(hereinafter referred to as "Consultant"), is made with reference to the following:
RECITALS:
A. On September 9, 2003, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for design
services for the Newport Boulevard /Hospital Road Right Turn Modifications Project,
hereinafter referred to as "PROJECT." Total compensation due consultant under the
agreement was $24,110.00 for engineering, geotechnical services, and Caltrans
Encroachment Permit processing.
B. On January 27, 2004, City and Consultant entered into Amendment
No. 1 to the Agreement, in which Consultant's Scope of Work was expanded to perform
a biological and cultural assessment of the project, as requested by Caltrans District 12.
The additional compensation due Consultant under Amendment No. 1 was $7,364.00.
C. On March 24, 2004, City and Consultant entered into Amendment
No. 2 to the Agreement, in which Consultant's Scope of Work was further amended.
The additional compensation due Consultant under Amendment No. 2 was $1,500.00.
D. On April 25, 2006, City and Consultant entered into Amendment
No. 3 to the Agreement, in which Consultant's Scope of Work was further amended.
The additional compensation due Consultant under Amendment No. 3 was $10,000.00.
0
0
E. CITY desires to enter into this AMENDMENT NO. 4 to reflect
additional services to be provided that were not included in the original AGREEMENT
or subsequent amendments, in an amount not to exceed $10,000.00. These additional
services include detailed discussions with Caltrans District 12, on environmental issues,
traffic safety, slope construction, adding a storm drain headwall, and other permit
requirements.
F. CITY desires to compensate CONSULTANT for these additional
professional services needed for PROJECT.
G. CITY and CONSULTANT mutually desire to amend AGREEMENT,
hereinafter referred to as "AMENDMENT NO. 4," as provided below.
NOW, THEREFORE, the parties hereto agree as follows:
1. CONSULTANT shall be compensated for services performed
pursuant to this AMENDMENT NO. 4 according to "Exhibit A' dated October 26, 2006,
and attached hereto.
2. Total additional compensation to CONSULTANT for services
performed pursuant to this AMENDMENT NO. 4 shall not exceed Ten Thousand and
00/100 Dollars ($10,000.00). City shall pay Consultant for the services on a time and
expense not -to- exceed basis in accordance with the provisions of the original
Agreement and the Schedule of Billing Rates attached hereto as Exhibit B. No billing
rate changes shall be made during the term of this Agreement without the prior written
approval of City.
3. The term of the AGREEMENT shall remain June 30, 2007.
4. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain unchanged and shall be in full
force and effect.
0 9
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 4 on the date first above written.
APPROVED AS TO FORM:
ov� C
Aaron C. Harp, Asst. C y Attorney
ATTEST:
By aV8)9.rr M. d"
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporati n
0 Don Webb, Mayor
W.G. ZIMMERMAN ENGINEERING, INC.:
BZJ
(Corporate icer)
Title: res'cle
Print Name:0L1Itc.,r1. G- ZIYnmenr^Aa4'
0
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit A
October 26, 2006
Rich Edmonston, P.E.
Transportation and Development Services Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Mr. Bob Stein, P.E., Principal Civil Engineer
Subject: Newport Boulevard Right Turn Lane at Hospital Road Proposal
for Additional Costs Related to Design Changes and Extra Consulting
Services Required by Caltrans
Dear Mr. Edmonston:
Pursuant to our letter proposal for additional cost on a time and materials basis
dated January 24, 2006 for the Newport Blvd. Right Turn Lane project, the first
increment of $10,000 of additional cost due to Caltrans coordination and
subsequent plan modification has been expended. We hereby request that a
second increment not to exceed $10,000, without with out prior approval, be
authorized using the same understanding and SCHEDULE OF BILLING
RATES of January 1, 2006 that was in the January 24, 2006 proposal letter
(see attached documents),
If you have any questions please contact Ron Brust, P.E. at (562) 594 -8589,
ext. 17, or Cell Phone (562) 254 -0082.
Sincerely,
W. G. Zimmerman Engineering, Inc.
rer Bill Zimmerman, P.E.
President
Cc: Steve Luy P.E., Associate Civil Engineer, City of Newport Beach
Ron Brust, P.E., Project Manager— WGZE
Project File -
_ 0 t- O
January 24, 2006
Rich Edmonston, P.E.
Transportation and Development Services Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Mr. Bob Stein, P.E., Principal Civil Engineer
Subject: Newport Boulevard Right Turn Lane at Hospital Road Proposal
for Additional Costs Related to Design Changes and Extra Consulting
Services Required by State Regional Water Quality Control Board and
Caltrans
Dear Mr. Edmonston:
W. G. Zimmerman Engineering, Inc. is forwarding our cost proposal for
additional design changes and additional consulting services related to
requirements by the State Regional Water Quality Control Board and Caltrans
concerning environmental issues, impact to perennial waters (187 linear feet),
creation of 0.06 acres of riparian waters of the U.S., non - native vegetation
removal, and development of a regular monitoring program for the
establishment of riparian waters.
FEE
Due to the nature of the required work noted above being subject to
undefined standards of the State Regional Water Quality Control Board
and Caltrans, consulting fees cannot be easily estimated. Therefore
consulting fees are proposed to be on a time and materials basis at the
rates noted in the attached SCHEDULE OF BILLING RATES.
Work is proposed to be performed in increments not to exceed $10,000
without prior approval of the City of Newport Beach. W. G. Zimmerman
Engineering, Inc. will advise the City of Newport Beach when the current
increment of work reaches the $10,000 amount.
If you have any questions please contact Ron Brust, P.E. at (562) 594 -8589,
ext. 17, or Cell Phone (562) 254 -0082.
Sincerely,
W. G. Zimmerman Engineering, Inc.
Bill Zimmerman, P.E.
President
Cc: Steve Luy P.E., Associate Civil Engineer, City of Newport Beach
Ron Brust, P.E., Project Manager — WGZE
Project File
Exhibit B
W. PZIMMERMAN ENGINEERING, INC.
SEAL BEACH, CALIFORNIA
CY 2006 Billing Rate Schedule
(Adopted 1/1106)
Csas010922 hate
ucipal $185.00/Hr
S�ior Project Manager (Registered) $165.00/Hr
`'r ^ieot Manager (Registered) $155.00/Hr
Project Engineer (Registered) $120.00/Hr
ject Engineer $110-DO/Hr
Senior Associate Engineer $ 90.00/Hr
Associate Engineer $ 85.00/13r
CADD ..Manager /Senior Designer $100.00/Hr
CADD/'1'ecbnician $ 75.00/14r
-'zA- --tistration/Offtce Support $ 60.0011117
Non-Lab %r Expenses
z'eag- (local) 44.50 per Mile
? *:tiztg Cost plus 5%
?. -77 od'..ction (Blue lines) Cost plus 5%
:;e- �.xpenses (such as sub - consultants, outside services Cost plus 10%
or special equipment needs)
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
U 3b81
(3?/10o-2co&)
Agenda Item No. 7
November 14, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Steve Luy, Project Engineer
949 - 644 -3311 or sluy @city.newport- beach.ca.us
SUBJECT: NEWPORT BOULEVARD /HOSPITAL ROAD RIGHT TURN
MODIFICATIONS — AMENDMENT NO. 4 TO PROFESSIONAL
SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING
RECOMMENDATION:
Approve Amendment No. 4 to Professional Services Agreement with W.G. Zimmerman
Engineering, Inc., and authorize the Mayor and City Clerk to execute the Amendment.
DISCUSSION:
On September 2, 2003, the Public Works Director approved a Professional Services
Agreement with W.G. Zimmerman Engineering, Inc. (Zimmerman) for $24,110 to
provide engineering, geotechnical services, and Caltrans encroachment permit
processing. On January 27, 2004, the City Council approved an amendment to the
agreement in the amount of $7,364 to perform a biological and cultural assessment of
the project, as requested by Caltrans District 12. Amendment No. 2 added $1,500 to
the agreement on March 24, 2004. Amendment No. 3 added $10,000 to the agreement
on April 25, 2006.
Zimmerman has completed final design and has submitted a proposal to amend its
scope of services and a fee in an amount not to exceed $10,000 in response to
requirements and changes as requested by Caltrans District 12. These additional
services are for resolving conflicting requirements with Caltrans pertaining to
environmental issues, traffic safety concerns, slope construction, adding a storm drain
headwall and other permit requirements.' Per Council Policy F -3, City Council approval
is required since the increase is more than 25% of the original contract amount. Staff
concurs that the additional $10,000 is appropriate for the additional tasks and
recommends Council approval.
Newport Boulevari pital Road Right Turn Mod cations
Amendment No. 4 to Agreem nt with W.G. Zimmerman Engineering
April 25, 2006
Page 2
Environmental Review:
A mitigated negative declaration has been prepared for this project and is under review
by the jurisdictional agencies.
Public Notice:
Not applicable at this time.
Funding Availability:
This year's Capital improvements Program budget includes funds for this project.
There are sufficient funds available in the following account for the project:
Account Description
Transportation and Circulation Fund
Prepared by:
Account Number Amount
7261- C5200737 $10,000
Submitted by:
e
P Y e
Project Engineer Pu orks Director
Attachments: Amendment No. 4 to the Professional Services Agreement
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AMENDMENT NO.4 TO
PROFESSIONAL SERVICES AGREEMENT
WITH W.G. ZIMMERMAN ENGINEERING INC.
FOR NEWPORT BOULEVARD /HOSPITAL ROAD
RIGHT TURN MODIFICATIONS
THIS AMENDMENT NO. 4 TO PROFESSIONAL SERVICES
AGREEMENT, entered into this day of , 2006, by
and between the City of Newport Beach, a municipal corporation, (hereinafter referred
to as "CITY ") and W.G. Zimmerman Engineering Inc., a California corporation, whose
address is 801 Pacific Coast Highway, Suite 200, Seal Beach, California 90740,
(hereinafter referred to as "Consultant "), is made with reference to the following:
RECITALS:
A. On September 9, 2003, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for design
services for the Newport Boulevard /Hospital Road Right Turn Modifications Project,
hereinafter referred to as "PROJECT." Total compensation due consultant under the
agreement was $24,110.00 for engineering, geotechnical services, and Caltrans
Encroachment Permit processing.
B. On January 27, 2004, City and Consultant entered into Amendment
No. 1 to the Agreement, in which Consultant's Scope of Work was expanded to perform
a biological and cultural assessment of the project, as requested by Caltrans District 12.
The additional compensation due Consultant under Amendment No. 1 was $7,364.00.
C. . On March 24, 2004, City and Consultant entered into Amendment
No. 2 to the Agreement, in which Consultant's Scope of Work was further amended.
The additional compensation due Consultant under Amendment No. 2 was $1,500.00.
D. On April 25, 2006, City and Consultant entered into Amendment
No. 3 to the Agreement, in which Consultant's Scope of Work was further amended.
The additional compensation due Consultant under Amendment No. 3 was $10,000.00.
E. CITY desires to enter into this AMENDMENT NO. 4 to reflect
additional services to be provided that were not included in the original AGREEMENT
or subsequent amendments, in an amount not to exceed $10,000.00. These additional
services include detailed discussions with Caltrans District 12, on environmental issues,
traffic. safety, slope construction, adding a storm drain headwall, and other permit
requirements.
F. CITY desires to compensate CONSULTANT for these additional
professional services needed for PROJECT.
G. CITY and CONSULTANT mutually desire to amend AGREEMENT,
hereinafter referred to as "AMENDMENT NO. 4," as provided below.
NOW, THEREFORE, the parties hereto agree as follows:
1: CONSULTANT shall be compensated for services performed
pursuant to this AMENDMENT NO. 4 according to "Exhibit A" dated October 26, 2006,
and attached hereto.
2. Total additional compensation to CONSULTANT for services
performed pursuant to this AMENDMENT NO. 4 shall not exceed Ten Thousand and
001100 Dollars ($10,000.00). City shall pay Consultant for the services on a time and
expense not -to- exceed basis in accordance with the provisions of the original
Agreement and the Schedule of Billing Rates attached hereto as Exhibit B. No billing
rate changes shall be made during the term of this Agreement without the prior written
approval of City.
3. The term of the AGREEMENT shall remain June 30, 2007.
4. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain unchanged and shall be in full
force and effect.
• •'
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 4 on the date first above written.
APPROVED AS TO FORM:
o
Aaron C. Harp, Asst. Chy Attorney
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Don Webb, Mayor
W.G. ZIMMERMAN ENGINEERING, INC.:
B
Q(Corporate fficer)
Title: P81.
Print Name: 6 Z 101wie
M
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A— Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit A
October 26, 2006
Rich Edmonston, P.E.
Transportation and Development Services Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Mr. Bob Stein, P.E., Principal Civil Engineer
Subject: Newport Boulevard Right Turn Lane at Hospital Road Proposal
for Additional Costs Related to Design Changes and Extra Consulting
Services Required by Caltrans
Dear Mr. Edmonston:
Pursuant to our letter proposal for additional cost on a time and materials basis
dated January 24, 2006 for the Newport Blvd. Right Turn Lane project, the first
increment of $10,000 of additional cost due to Caltrans coordination and
subsequent plan modification has been expended. We hereby request that a
second increment not to exceed $10,000, without with out prior approval, be
authorized using the same understanding and SCHEDULE OF BILLING
RATES of January 1, 2006 that was in the January 24, 2006 proposal letter
(see attached documents),
If you have any questions please contact Ron Brust, P.E. at (562) 594 -8589,
ext. 17, or Cell Phone (562) 254 -0082.
Sincerely,
W. G. Zimmerman Engineering, Inc.
g',r Bill Zimmerman, P.E.
President
Cc: Steve Luy P.E., Associate Civil Engineer, City of Newport Beach
Ron Brust, P.E., Project Manager — WGZE
Project File -
r- 0
January 24, 2006
Rich Edmonston, P.E.
Transportation and Development Services Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Mr. Bob Stein, P.E., Principal Civil Engineer
Subject: Newport Boulevard Right Turn Lane at Hospital Road Proposal
for Additional Costs Related to Design Changes and Extra Consulting
Services Required by State Regional Water Quality Control Board and
Caltrans
Dear Mr. Edmonston:
W. G. Zimmerman Engineering, Inc. is forwarding our cost proposal for
additional design changes and additional consulting services related to
requirements by the State Regional Water Quality Control Board and Caltrans
concerning environmental issues, impact to perennial waters (187 linear feet),
creation of 0.06 acres of riparian waters of the U.S., non - native vegetation
removal, and development of a regular monitoring program for the
establishment of riparian waters.
FEE
Due to the nature of the required work noted above being subject to
undefined standards of the State Regional Water Quality Control Board
and Caltrans, consulting fees cannot be easily estimated. Therefore
consulting fees are proposed to be on a time and materials basis at the
rates noted in the attached SCHEDULE OF BILLING RATES.
Work is proposed to be performed in increments not to exceed $10,000
without prior approval of the City of Newport Beach. W. G. Zimmerman
Engineering, Inc. will advise the City of Newport Beach when the current
increment of work reaches the $10,000 amount.
If you have any questions please contact Ron Brust, P.E. at (562) 594 -8589,
ext. 17, or Cell Phone (562) 254 -0082.
Sincerely,
W. G. Zimmerman Engineering, Inc.
Bill Zimmerman, P.E.
President
Cc: Steve Luy P.E., Associate Civil Engineer, City of Newport Beach
Ron Brust, P.E., Project Manager — WGZE
Project File
Exhibit B
W. G. ZIMM.LrRMAN ENGINEERING; INC.
SItAL BEAM CALIFORNIA
CY 2006 Billing hate Schedule
(Adopted 1 11 /06)
3 Classweation Rate
i :hncipal $185.00Ifir
$mior Project Manager (Registered) $165.00/Hr
=rci zst Manager (Registered) $155.00/lir
5c er project Engineer (Registered) $120.00/M
Engineer $110.00/Hr
Senior Associate Engineer $ 90.00/Hr
Assaciate Engineer $ 85.001HX
CARD Manager /Senior Designer $100.00/Hr
CADD/Techuician $ 75.00/Hr
A^ .inistration/Office Support $ 60.00/Hr
ion -Labor Expenses .
leas- (local) 44.5¢ per Mile
?r::tizzg Cost plus 5%
7� -odzction (Blue lines) Cost plus 5%
'seapenses (such as sub - consultants, outside services Cost plus 10%
er special equipment needs)
•
0
AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
WITH W.G. ZIMMERMAN ENGINEERING INC.
FOR NEWPORT BOULEVARD /HOSPITAL ROAD
RIGHT TURN MODIFICATIONS
THIS AMENDMENT NO. 3 TO PROFESSIONAL
C, 3GF 1
SERVICES
AGREEMENT, entered into this oA— day of =40r; 2006, by
and between the City of Newport Beach, a municipal corporation, (hereinafter referred
to as "CITY ") and W.G. Zimmerman Engineering Inc., a California corporation, whose
address is 801 Pacific Coast Highway, Suite 200, Seal Beach, California 90740,
(hereinafter referred to as "Consultant "), is made with reference to the following:
RECITALS:
A. On September 9, 2003, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for design
services for the Newport Boulevard /Hospital Road Right Turn Modifications Project,
hereinafter referred to as "PROJECT." Total compensation due consultant under the
agreement was $24,110.00 for engineering, geotechnical services, and Caltrans
Encroachment Permit processing.
B. On January 27, 2004, City and Consultant entered into Amendment
No. 1 to the Agreement, in which Consultant's Scope of Work was expanded to perform
a biological and cultural assessment of the project, as requested by Caltrans District 12.
The additional compensation due Consultant under Amendment No. 1 was $7,364.00.
C. On March 24, 2004, City and Consultant entered into Amendment
No. 2 to the Agreement, in which Consultant's Scope of Work was further amended.
The additional compensation due Consultant under Amendment No. 2 was $1,500.00.
D. CITY desires to enter into this AMENDMENT NO. 3 to reflect
additional services to be provided that were not included in the original AGREEMENT,
and to extend the term of the AGREEMENT to June 30, 2007. These additional
0 0
services are related to requirements of the State Regional Water Quality Control Board
and changes as requested by Caltrans District 12, pertaining to environmental issues,
impact to perennial waters, creation of 0.06 acres of riparian waters of the U.S., non-
native vegetation removal and development of a regular monitoring program for the
establishment of riparian waters, in an amount not to exceed $10,000.00.
E. CITY desires to compensate CONSULTANT for these additional
professional services needed for PROJECT.
F. CITY and CONSULTANT mutually desire to amend AGREEMENT,
hereinafter referred to as "AMENDMENT NO. 3," as provided below.
NOW, THEREFORE, the parties hereto agree as follows:
1. CONSULTANT shall be compensated for services performed
pursuant to this AMENDMENT NO. 3 according to "Exhibit A" dated January 24, 2006,
and attached hereto.
2. Total additional compensation to CONSULTANT for services
performed pursuant to this AMENDMENT NO. 3 shall not exceed Ten Thousand and
001100 Dollars ($10,000.00). City shall pay Consultant for the services on a time and
expense not -to- exceed basis in accordance with the provisions of the original
Agreement and the Schedule of Billing Rates attached hereto as Exhibit B. No billing
rate changes shall be made during the term of this Agreement without the prior written
approval of City.
3. The term of the AGREEMENT shall be extended to June 30, 2007.
4. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain unchanged and shall be in full
force and effect.
0
11
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 3 on the date first above written.
APPROVED AS TO FORM:
A 0-� 6. &4�"
Aaron C. Harp, Asst. City Attorney
ATTEST:
B In I
LaVonne Harkless,
City Clerk
Attachments: Exhibit A - Scope of Services
CITY OF NEWPORT BEACH
A Municipal CMratl.'-
Don Mayor
W.G. ZIMMERMAN ENGINEERING, INC.:
m
Tit
Print Name: L 1,'ll ict no 6 .tyVtern-ca�
B
(Financial cer)
Title: �(e51Ae�J�
Print Name:,
Exhibit B - Schedule of Billing Rates
21
a
1A
l�
Exhibit A
Subject, Newport Boulevard Right Turn Lane at Hospital Road Proposal
for Additional Costs Related to Design Changes and Extra Consulting
Services Required by State Regional Water Quality Control Board and
Caltrans
Dear Mr. Edmonston:
W. G. Zimmerman Engineering, Inc. is forwarding our cost proposal for
additional design changes and additional consulting services related to
requirements by the State Regional Water Quality Control Board and Caltrans
concerning environmental issues, impact to perennial waters (187 linear feet),
creation of 0.06 acres of riparian waters of the U.S., non - native vegetation
removal, and development of a regular monitoring program for the
establishment of riparian waters.
FEE
Due to the nature of the required work noted above being subject to
undefined criteria of the State Regional Water Quality Control Board
and Caltrans, consulting fees cannot be easily estimated. Therefore
consulting fees are proposed to be on a time and materials basis at the
rates noted in the attached SCHEDULE OF BILLING RATES.
Work is proposed to be performed in increments not to exceed $10,000
without prior approval of the City of Newport Beach. W. G. Zimmerman
Engineering, Inc. will advise the City of Newport Beach when the current
increment of work reaches the $10,000 amount.
If you have any questions please contact Ron Brust, P.E. at (562) 594 -8589,
ext. 17, or Cell Phone (562) 254 -0082.
Sincerely,
W. G. Zimmerman Engineering, Inc.
Bill Zimmerman, P.E-
President
Cc: Steve Luy F.E., Associate Civil Engineer, City of Newport Beach
Ron Brust, P.E., Project Manager — WGZE
Project File
January 24, 2006
a-
Rich Edmonston, P.E.
Transportation and Development Services Manager
City of Newport Beach
3300 Newport Boulevard
47-
Newport Beach, CA 92663
Attention: Mr. Bob Stein, P.E., Principal Civil Engineer
21
a
1A
l�
Exhibit A
Subject, Newport Boulevard Right Turn Lane at Hospital Road Proposal
for Additional Costs Related to Design Changes and Extra Consulting
Services Required by State Regional Water Quality Control Board and
Caltrans
Dear Mr. Edmonston:
W. G. Zimmerman Engineering, Inc. is forwarding our cost proposal for
additional design changes and additional consulting services related to
requirements by the State Regional Water Quality Control Board and Caltrans
concerning environmental issues, impact to perennial waters (187 linear feet),
creation of 0.06 acres of riparian waters of the U.S., non - native vegetation
removal, and development of a regular monitoring program for the
establishment of riparian waters.
FEE
Due to the nature of the required work noted above being subject to
undefined criteria of the State Regional Water Quality Control Board
and Caltrans, consulting fees cannot be easily estimated. Therefore
consulting fees are proposed to be on a time and materials basis at the
rates noted in the attached SCHEDULE OF BILLING RATES.
Work is proposed to be performed in increments not to exceed $10,000
without prior approval of the City of Newport Beach. W. G. Zimmerman
Engineering, Inc. will advise the City of Newport Beach when the current
increment of work reaches the $10,000 amount.
If you have any questions please contact Ron Brust, P.E. at (562) 594 -8589,
ext. 17, or Cell Phone (562) 254 -0082.
Sincerely,
W. G. Zimmerman Engineering, Inc.
Bill Zimmerman, P.E-
President
Cc: Steve Luy F.E., Associate Civil Engineer, City of Newport Beach
Ron Brust, P.E., Project Manager — WGZE
Project File
0 i Exhibit B
W. G. ZIMMERMAN ENGINEERING, INC.
SEAL BEACR, CALIFORNIA
CY 2006 Billing Rate Schedule
(Adopted 111t06)
hlassidication Rate
ru�cz al $185.00/1-ir
Senior Project Manager (Registered) $165.00/HT
'rciect Manager (Registered) $155.0011ir
- _..;,c:
Project Engineer (Registered) $120.00/Hr
ect Engineer $110.00/Hr
Senior Associate Engineer $ 90.00/Hr
Associate Engineer $ 85.00/Hr
CADD Manager /Senior Designer $100.00/Hr
'ADD,7ecbnician $ 75.00/Hr
",_ministxation/Office Support $ 60.00 /Hr
Nt% -Labor Expenses
l= 'eage (local) 44.5¢ per Mile
Cost plus 5%
117�_vd..ction (Blue lines) Cost plus 5%
:e- Expenses (such as sub - consultants, outside services Cost plus 10%
or special equipment needs)
BY THE
CRY OF r
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
C -3rr�i
Agenda Item No. 7
April 25, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Steve Luy, Project Engineer
949 - 644 -3311 or sluy @city.newport- beach.ca.us
SUBJECT: NEWPORT BOULEVARD /HOSPITAL ROAD RIGHT TURN
MODIFICATIONS —AMENDMENT NO. 3 TO PROFESSIONAL
SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING
RECOMMENDATION:
Approve Amendment No. 3 to Professional Services Agreement with W.G. Zimmerman
Engineering, Inc., and authorize the Mayor and City Clerk to execute the Amendment.
DISCUSSION:
On September 2, 2003, the Public Works Director approved a Professional Services
Agreement with W.G. Zimmerman Engineering, Inc. (Zimmerman) for $24,110.00 to
provide engineering, geotechnical services, and Caltrans encroachment permit
processing. On January 27, 2004, the City Council approved an amendment to the
agreement in the amount of $7,364.00 to perform a biological and cultural assessment
of the project, as requested by Caltrans District 12. Amendment No. 2 added $1500.00
to the agreement on March 24, 2004.
Zimmerman has completed final design and has submitted a proposal to amend its
scope of services and fee in an amount not to exceed $10,000 in response to
requirements made by the State Regional Water Quality Control Board. These
additional services are for resolving conflicting requirements between the State
Regional Water Quality Control Board and Caltrans pertaining to revegetation
requirements for native vegetation that will be removed by the project. Since the
increase is more than 25% of the original contract amount, City Council approval is
required per Council Policy F -3. Staff concurs that the additional $10,000.00 is
appropriate for the needed additional tasks and recommends Council approval.
Newport Boulevard Hospital Road Rum Modifications — Amendment No. 3 to Agree th W.G. Zimmerman Engineering
April 25, 2006
Page 2
Environmental Review:
A mitigated negative declaration has been prepared for this project and is under review
by the jurisdictional agencies.
Public Notice:
Not applicable at this time.
Funding Availability:
This year's Capital Improvements Program budget includes funds for this project.
There are sufficient funds available in the following account for the project:
Account Description
Transportation and Circulation
Fund
Prepared by:
Account Number Amount
7261- C5200737 $10,000
Submitted by:
Steve l-uy S . Badum
Project Engineer ubli orks Director
Attachments: Amendment No. 3 to the Professional Services Agreement
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AMENDMENT NO.3 TO
PROFESSIONAL SERVICES AGREEMENT
WITH W.G. ZIMMERMAN ENGINEERING INC.
FOR NEWPORT BOULEVARD /HOSPITAL ROAD
RIGHT TURN MODIFICATIONS
THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES
AGREEMENT, entered into this day of , 2006, by
and between the City of Newport Beach, a municipal corporation, (hereinafter referred
to as "CITY ") and W.G. Zimmerman Engineering Inc., whose address is 801 Pacific
Coast Highway, Suite 200, Seal Beach, California 90740, (hereinafter referred to as
"Consultant "), is made with reference to the following:
RECITALS:
A. On September 9, 2003, CITY and CONSULTANT entered into a
Professional Services Agreement, hereinafter referred to as "AGREEMENT", for design
services for the Newport Boulevard /Hospital Road Right Turn Modifications Project,
hereinafter referred to as "PROJECT."
B. On January 27, 2004, City and Consultant entered into an
Amendment No. 1 to the Agreement, in which Consultant's Scope of Work was
expanded to perform a biological and cultural assessment of the project, as requested
by Caltrans District 12. The additional compensation due Consultant under
Amendment No. 1 was $7,364.00 On March 24, 2004, City and Consultant entered into
an Amendment No. 2 to the Agreement, in which Consultant's Scope of Work was
further amended. The additional compensation due Consultant under Amendment No.
2 was $1,500.00.
C. CITY desires to enter into this AMENDMENT NO. 3 to reflect
additional services to be provided that were not included in the original AGREEMENT,
and to extend the term of the AGREEMENT to June 30, 2007. These additional
services are related to requirements of the State Regional Water Quality Control Board
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and changes as requested by Caltrans District 12, pertaining to environmental issues,
impact to perennial waters, creation of 0.06 acres of riparian waters of the U.S., non-
native vegetation removal and development of a regular monitoring program for the
establishment of riparian waters, in an amount not to exceed $10,000.00.
D. CITY desires to compensate CONSULTANT for these additional
professional services needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT,
hereinafter referred to as "AMENDMENT NO. 3," as provided below.
NOW, THEREFORE, the parties hereto agree as follows:
1. CONSULTANT shall be compensated for services performed
pursuant to this AMENDMENT NO. 3 according to "Exhibit A" dated January 24, 2006,
and attached hereto.
2. Total additional compensation to CONSULTANT for services
performed pursuant to this AMENDMENT NO. 3 shall not exceed Ten Thousand and
001100 Dollars ($10,000.00).
3. The term of the AGREEMENT shall be extended to June 30, 2007.
4. Except as expressly modified herein, all other provisions, terms,
and covenants set forth in AGREEMENT shall remain unchanged and shall be in full
force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 3 on the date first above written.
APPROVED AS TO FORM:
Aaron C. Harp, Asst. City Attorney
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Don Webb, Mayor
W.G. ZIMMERMAN ENGINEERING, INC.:
(Corporate Officer)
Title:
Print Name:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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January 24, 2006
Rich Edmonston, P.E.
Transportation and Development Services Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Mr. Bob Stein, P.E., Principal Civil Engineer
Exhibit A
Subject: Newport Boulevard Right Turn Lane at Hospital Road Proposal
for Additional Costs Related to Design Changes and Extra Consulting
Services Required by State Regional Water Quality Control Board and
Caltrans
Dear Mr. Edmonston:
W. G. Zimmerman Engineering, Inc. is forwarding our cost proposal for
additional design changes and additional consulting services related to
requirements by the State Regional Water Quality Control Board and Caltrans
concerning environmental issues, impact to perennial waters (187 linear feet),
creation of 0.06 acres of riparian waters of the U.S_, non- native vegetation
removal, and development of a regular monitoring program for the
establishment of riparian waters.
FEE
Due to the nature of the required work noted above being subject to
undefined criteria of the State Regional Water Quality Control Board
and Caltrans, consulting fees cannot be easily estimated. Therefore
consulting fees are proposed to be on a time and materials basis at the
rates noted in the attached SCHEDULE OF BILLING RATES.
Work is proposed to be performed in increments not to exceed $10,000
without prior approval of the City of Newport Beach. W. G. Zimmerman
Engineering, Inc. will advise the City of Newport Beach when the current
increment of work reaches the $10,000 amount.
If you have any questions please contact Ron Brust, P.E. at (562) 594 -8589,
ext. 17, or Cell Phone (562) 254 -0082.
Sincerely,
W. G. Zimmerman Engineering, Inc.
?ill Zimmerman, P.E.
President
Cc: Steve Luy P.E., Associate Civil Engineer, City of Newport Beach
Ron Brust, P.E., Project Manager — WGZE
Project File
W. *IMMERMAN ENGINEERIf INC. Exhibit B
SEAL BEACR, CALIFORNIA
CY 2006 Billing Rate Schedule
(Adopted 1/1/06)
w-ass.catlon Rate
zincipal $185.00/Hr
Sc�ior Project Manager (Registered) $165.00/Hr
=r^ ect Manager (Registered) $155.00/Hr
e _c - oject Engineer (Registered) $120.00/Hr
a e:t Engineer $110.00/Hr
Senior Associate Engineer $ 90.00/Hr
Associate Engineer $ 85.00/t
CADD :Manager /Senior Designer $100.00/Hr
C.ADD /Technician $ 75.00/Hr
A_.-r;.il-�stration/Off1ce Support $ 60.00 /Hr
nor -Labor Exneases
(local) 44.5¢ per Mile
Cost plus 5%
C..7.1d-..ction (Blue lines) Cost plus 5%
::.e °';cpenses (such as sub - consultants, outside services Cost plus 10%
r special equipment needs)