HomeMy WebLinkAbout08 - Engineering and Landscape Architectural Services AgreementsQ SEW Pp�T
CITY OF
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z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
April 23, 2019
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Michael J. Sinacori, Assistant City Engineer,
Msinacori@Newportbeachca.gov
PHONE: 949-644-3342
TITLE: Approval of Amendments to Four On -Call Professional Engineering
and Landscape Architectural Services Agreements
ABSTRACT:
The majority of the City's capital improvement projects require some level of Professional
Consultant Engineering, Architecture, Landscape Architecture and/or Construction
Management services to complete project contract documents and construction. In 2016,
On -Call Professional Services Agreements were approved with Walden and Associates,
Civiltec Engineering, Psomas and BGB Design Group. These agreements are
approaching their three-year term limits. As each of these firms has, and continues to
provide good quality and needed services to the City, staff is requesting a term extension
to these four firms along with an increase to their not -to -exceed contract limits.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve four separate Amendments to current on-call Professional Services
Agreements with Walden and Associates, Civiltec Engineering and Psomas for
Professional Engineering services increasing the total not -to exceed amount to
$300,000 per agreement; and with BGB Design Group for Professional Landscape
Architectural services increasing the total not -to -exceed amount to $250,000, and
authorize the Mayor and City Clerk to execute the amendments.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item. Funding for these services will be paid from
individual capital improvement project budgets at the time of project implementation.
WE
Approval of Amendments to Four On -Call Professional Engineering and
Landscape Architectural Services Agreements
April 23, 2019
Page 2
DISCUSSION:
The City's Capital Improvement Program involves a wide range of infrastructure
improvement projects and programs. Almost all of these projects require some level of
Engineering, Architecture, Landscape Architecture and/or Construction Management
Services to complete. In addition to in-house Engineering and Construction staff, the City
relies on a host of professional consultants for these needed services as well. To that
end, staff is requesting approval of four separate amendments to existing on-call
Professional Services Agreements with Walden and Associates, Civiltec Engineering,
Psomas and BGB Design Group to continue their consultant engineering and landscape
architectural support for our capital improvement program. Each of these three-year
on-call contracts were executed in 2016 after an RFP selection process, with total not -to -
exceed limits of $120,000. Each of these four firms have or are currently supporting staff
on several different projects under the on-call consulting agreements. These on-call
Engineering and Landscape Architecture contracts are now nearing their contract funding
limits and expiration dates of 6/30/2019. The services provided by all four of these firms
has been excellent and they have been very responsive to the City's needs.
Based on strong performance by these firms and the continued high demands of our
Capital Improvement Program, in accordance with City Council Policy F-14, staff is
requesting the following amendments to the contracts with these four firms. Amend the
current consultant engineering contracts with Walden and Associates, Civiltec
Engineering and Psomas to extend another two years and increase the total not -to -
exceed amount by $180,000 to $300,000. In addition, amend the current Landscape
Architecture on-call contract with BGB Design Group to extend another two years and
increase the total not -to -exceed amount by $130,000 to $250,000.
=1ki1V1-Tel kiILY, I=1kikIFITE AVAIAVA
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A —Amendment to Professional Services Agreement with Walden
Attachment B —Amendment to Professional Services Agreement with Civiltec
Attachment C — Amendment to Professional Services Agreement with Psomas
Attachment D — Amendment to Professional Services Agreement with BGB
F�
ATTACHMENT A
AMENDMENT NO. ONE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES FOR
CIVIL ENGINEERING SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. ONE") is made and entered into as of this 23rd day of
April, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and SOCAL WALDEN, INC.
("DBA") WALDEN & ASSOCIATES, a California corporation ("Consultant"), whose
address is 2552 White Road, Suite B, Irvine, California 92614, and is made with reference
to the following:
RECITALS
A. On July 6, 2016, City and Consultant entered into an On -Call Professional Services
Agreement ("Agreement") for Consultant to provide as -needed civil engineering
services on an on-call basis ("Project").
B. Since entering into the Agreement, Consultant was asked to perform a higher
volume of Work than was originally anticipated.
C. The parties desire to enter into this Amendment No. One to reflect these additional
Services or Work not anticipated in the Agreement, to extend the term of the
Agreement to June 30, 2021, to increase the total compensation, and update the
Conflicts of Interest and Claims sections.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2021, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Thousand
Dollars and 001100 ($300,000.00), without prior written authorization from City. No billing
rate changes shall be made during the term of this Agreement without the prior written
approval of City."
SOCAL WALDEN, INC. dba Walden & Associates Page 1 8.3
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Eighty Thousand Dollars and 00/100 ($180,000.00).
3. CONFLICTS OF INTEREST
Section 25 shall be amended in its entirety and replaced with the following:
"25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section."
4. CLAIMS
Section 27 shall be amended in its entirety and replaced with the following:
"27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.)."
SOCAL WALDEN, INC. dba Walden & Associates Page 2 8.4
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
SOCAL WALDEN, INC. dba Walden & Associates Page 3 8.5
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: `r 20[ C�
By.
jzor:Aaron C. Harp 4A41
City Attorney
ATTEST:
Date:
Em
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONSULTANT: SOCAL WALDEN, INC.
("DBA") Walden & Associates, a California
corporation
Date:
Bw
David L. Bacon
President
Date:
By:
Jeff Walden
Secretary
[END OF SIGNATURES]
SOCAL WALDEN, INC. dba Walden & Associates Page 4 8.6
ATTACHMENT B
AMENDMENT NO. ONE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH CIVILTEC ENGINEERING, INC. FOR
CIVIL ENGINEERING SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 23rd day of
April, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and CIVILTEC ENGINEERING,
INC., a California corporation ("Consultant"), whose address is 118 West Lime Avenue,
Monrovia, CA 91016, and is made with reference to the following:
RECITALS
A. On November 21, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Consultant to provide as needed civil engineering.
B. Since entering into the Agreement, Consultant was asked to perform a higher
volume of Work than was originally anticipated.
C. The parties desire to enter into this Amendment No. One to reflect these additional
Services or Work not anticipated in the Agreement, to extend the term of the
Agreement to June 30, 2021, to increase the total compensation, and update the
Conflicts of Interest and Claims sections.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2021, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Three Hundred Thousand Dollars and 001100 ($300,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Eighty Thousand Dollars and 00/100 ($180,000.00).
Civiltec Engineering, Inc. Page 1 8-7
3. CONFLICTS OF INTEREST
Section 25 shall be amended in its entirety and replaced with the following:
"25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section."
C�y���l►'�I�y
Section 27 shall be amended in its entirety and replaced with the following.-
"27.1
ollowing:
"27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.)."
Civiltec Engineering, Inc. Page 2 g_g
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Civiltec Engineering, Inc. Page 3 8.9
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date. If /Y � ?'o(9
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: ` By:
1:oevAaron C. Harp , �a Diane B. Dixon
City Attorney Mayor
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CONSULTANT: Civiltec Engineering, Inc.,
a California corporation
Date:
By:
W. David Byrum
President
Date:
By:
Diana Occhipinti
Secretary
[END OF SIGNATURES]
Civiltec Engineering, Inc. Page 4 8_10
ATTACHMENT C
AMENDMENT NO. ONE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
CIVIL ENGINEERING SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 23rd day of
April, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and PSOMAS, a California
corporation ("Consultant"), whose address is 3 Hutton Center Drive, Suite 200, Santa
Ana, California 92707, and is made with reference to the following:
RECITALS
A. On July 18, 2016, City and Consultant entered into an On -Call Professional
Services Agreement ("Agreement") for Consultant to provide as -needed civil
engineering services on an on-call basis ("Project").
B. Since entering into the Agreement, Consultant was asked to perform a higher
volume of Work than was originally anticipated.
C. The parties desire to enter into this Amendment No. One to reflect these additional
Services or Work not anticipated in the Agreement, to extend the term of the
Agreement to June 30, 2021, to increase the total compensation and update the
Conflicts of Interest and Claims sections.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2021, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Thousand
Dollars and 001100 ($300,000.00), without prior written authorization from City. No billing
rate changes shall be made during the term of this Agreement without the prior written
approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
PSOMAS Page 1 8-11
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Eighty Thousand Dollars and 00/100 ($180,000.00).
3. CONFLICTS OF INTEREST
Section 25 shall be amended in its entirety and replaced with the following:
"25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section."
4. CLAIMS
Section 27 shall be amended in its entirety and replaced with the following:
"27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.)."
PSOMAS Page 2 8.12
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
PSOMAS Page 3 8.13
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNLf/SY'S OFFICE
Date:
— ZION
By: 1�_ iale�
pa:Aaron C. Harp Al)
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONSULTANT:
corporation
Date:
By:
Joseph Boyle
Vice President
[END OF SIGNATURES]
PSOMAS, a California
PSOMAS Page 4 8.14
ATTACHMENT D
AMENDMENT NO. ONE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH BGB DESIGN GROUP, INC. FOR
ON-CALL LANDSCAPE ARCHITECTURE SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 23rd day of
April, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and BGB DESIGN GROUP,
INC., a California corporation ("Consultant"), whose address is 3185 C1 Airway Avenue,
Costa Mesa, California 92626, and is made with reference to the following.-
RECITALS
ollowing:
RECITALS
A. On August 25, 2017, City and Consultant entered into an On -Call Professional
Services Agreement ("Agreement") for Consultant to provide On -Call Landscape
Architecture Services ("Project").
B. Since entering into the Agreement, Consultant was asked to perform a higher
volume of Work than was originally anticipated.
C. The parties desire to enter into this Amendment No. One to reflect these additional
Services or Work not anticipated in the Agreement, to extend the term of the
Agreement to June 30, 2021 and to increase the total compensation and update
the Conflicts of Interest and Claims sections.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2021, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Fifty
Thousand Dollars and 001100 ($250,000.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
BGB Design Group, Inc. Page 1 8-15
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Thirty Thousand Dollars and 001100 ($130,000.00).
3. CONFLICTS OF INTEREST
Section 25 shall be amended in its entirety and replaced with the following:
"25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section."
4. CLAIMS
Section 27 shall be amended in its entirety and replaced with the following:
"27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.)."
BGB Design Group, Inc. Page 2 8-16
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
BGB Design Group, Inc. Page 3 8-17
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
Fo(: Aaron C. Harp A) Diane B. Dixon
City Attorney Mayor
ATTEST:
Date:
Leilani 1. Brown
City Clerk
CONSULTANT: BGB Design Group, Inc.,
a California corporation
Date:
By:
Arthur D. Guy, III
President
Date:
Bv:
Robert Borthwick
Secretary
[END OF SIGNATURES]
BGB Design Group, Inc. Page 4 8.18