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HomeMy WebLinkAboutC-969 - Assessment District #49ins, :mec - 5/11/65 (8) 1 1 j AGREEMENT FOR ENGINEERING SERVICES 211 i CI 31 ; THIS AGREEMENT, made and entered into this day of 41 May, 1965, by and between the CITY OF NEWPORT BEACH, a municipal 51 corporation, hereinafter referred to as "City ", and SIMPSON & 611 STEVLINGSON, a partnership, hereinafter referred to as "Engineers "; 7i WITNESSETH• 81 WHEREAS, City has commenced proceedings under the Impro 9 1 ment Act of 1911, Division 7 of the Streets and Highways Code of 10 State of California, for the purpose of constructing street light I 11 improvements and appurtenances in a special assessment district 121 within the City to be known and designated as Assessment District 13 No. 14; and 14 WHEREAS, it is necessary that a competent, qualified engi« 15 neering firm be retained by the City for the purpose of performing 16� the engineering services required in connection with said Assess - 17 ment District No. 14; and 18 WHEREAS, the engineering firm of Simpson & Stevlingson is 19 well qualified to perform said services as hereinafter provided; 20 NOW, THEREFORE, the parties agree as follows: 21 I. Scope of Services. 221 Engineers agree to perform the following services: 23 (a) To make such field surveys and photogrammetric 24 studies as are necessary. 25 (b) To prepare complete plans and specifications 26 for the installation of the street lighting,_system, including 27 all necessary appurtenances. Engineers shall also prepare 28 cost estimates for the work. 29 (c) To prepare the assessment diagram. 30 (d) To spread the assessment over the parcels of 31 land within the assessment district in proportion to the 32 benefits to be received by each of the said parcels. i I 1 (e) To prepare the bond register and to furnish I 21 the information required for printing the bonds. i 3 II. Commencement and Completion of Work. i 41 Engineers agree to commence the work immediately upon 5 execution of this agreement and to complete items I (a) and I (b) 6 within 90 days thereafter. 7 III. Fees. 81 The fee for the services listed under item I (a) shall 9 be in an amount of money equivalent to 2% of the total construction 10 cost of the project as determined by the bid of the successful 11 bidder. 121 The fee for the services listed under item I (b) shall be 13 in an amount of money equivalent to 6.7% of the total construction 14 cost of the project as determined by the bid of the successful 15 bidder. 16 The fees for items I (c) and I (d) shall be based upon 17 the following schedule of hourly rates: 18 Principal $20.00 per hour 19 Project Engineer 15.00 per hour 20 Draftsman 10.00 per hour 21 Survey Party (3 men) 29.00 per hour 22 The maximum fee for items I (c) and I (d) shall not 23 exceed the sum of $1,500.00. 24 IV. Time of Payment. 25 City agrees to pay Engineers on the following basis: 26 Payment of 75% of the fees for items I (a) and I (b) shall 27 be made within 30 days after the completed plans and specifications 28 have been submitted to the City; this portion of the fees shall be 29 based upon the estimated construction costs as mutually agreed upon 30 by both parties. The balance of the fees for items I (a) and I (b) 31 shall be paid within 30 days after a construction contract is 32 awarded or within 90 days after the completed plans and specificatio 2. s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 !tv 32 are received by the City, whichever time is earlier. The total fees for items I (a) and I (b) shall be subject to adjustment to reflect the total contract price as determined by the bid of the successful bidder. Payment of the fees for items I (c) and I (d) shall be made within 30 days after the completed documents have been sub- mitted to the City. V. Termination. This contract may be terminated by the City at any time by mailing a written notice to Engineers' business address. Termination shall be effective 4 days after the date of mailing said notice. In the event that City terminates this contract, it is agreed that Engineers shall be entitled to payment for services performed up to the effective date of the notice of termination on the basis of the hourly rate schedule set forth in paragraph III herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. CITY OF NEWPORT BEACH By Mayor ATTEST: City Clerk CITY SIMPSON/ & STEVLI/NJGSON By �tJy'dLC_ �/L �r /fib rtner 3. ENGINEERS 1 2 3 4 5 C. 7 s s 10' 11 12. 13 14 15 16 17' 18 l9j I 20' 211 221 i 23 24 I 251 26 27 28 29 30 31 32 LAW OFFICES OF RIMEL. HARVEY & HELSING FOURTH FLOOR 1010 NORTH MAIN ST SANTA ANA. RESOLUTION NO. 6149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IMMEDIATE IMPROVEMENT CONSISTING OF THE CONSTRUCTION OF STREET LIGHT- ING IMPROVEMENTS AND APPURTENANCES AND APPUR- TENANT WORK IN PROPOSED "ASSESSMENT DISTRICT NO. 14" AND THAT THE "SPECIAL ASSESSMENT INVESTI- GATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" SHALL NOT APPLY. WHEREAS, the City Council of the City of Newport Beach did by its Resolutions Nos. 6132 and 6133, adopted April 26, 1965, order and direct the City Clerk to give notice by publication, mailing and posting of the hearing upon the public convenience and necessity for the improvement consisting of the construction of street lighting improvements and appurtenances and appur- tenant work in proposed "ASSESSMENT DISTRICT NO. 14 ", which said pro- posed improvement is more particularly described as follows; The installation of an ornamental street lighting system using Marbelite concrete standards, color improved Mercury vapor lamps, and underground electrical distribution, and all other appurtenances and appurtenant work, on Seashore Drive between Summit Street on the West and 33rd Street on the East, and on all of those cross streets located between Balboa Boulevard and Seashore Drive not presently having street lighting, which said cross streets are numbered from 33rd Street to 47th Street, both inclusive; and WHEREAS; the day and time for said hearing having arrived, this City; Council has heard and considered evidence, both oral and written, regarding the public convenience and necessity for the construction of said improvements; NOW, THEREFORE, the City Council of the City of Newport Beach does hereby RESOLVE and ORDER as follows: Section 1: That this City Council hereby finds and determines that the public convenience and necessity require the immediate improvement con- sisting of the construction of street lighting improvements and appurtenances and appurtenant work in proposed "ASSESSMENT DISTRICT NO. 14" as here - inabove more particularly described, and further finds and determines that the provisions of the "Special Assessment Investigation, Limitation and Majori -1- i' i II 2 it 31 41 a 61 `7 I 8' i 91 10 11, 12'. 13; 14 15 161 17 18 19j I 20 211 i 22 23! 0 Protest Act of 1931" shall not apply; and 0 That the said improvement shall proceed in accordance with the provi- sions and under the terms and conditions of the "Improvement Act of 1911, " being Division 7 of the Streets and Highways Code of the State of California. ADOPTED, SIGNED AND APPROVED this 24th day of May, 1965. ATTEST: na)ror —4ity ierk I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, do hereby certify that the foregoing Resolution was duly adopted at a regular meeting of the City Council of the City of Newport Beach held on the 24th day of May , 1965, by the following vote, to -wit: AYES: Councilmen Stoddard, Forgit, Gruber, Elder, Marshall, Parsons NOES: Councilmen None ABSENT: Councilmen 2411 251 261 27 I (SEAL) li 28 l 291 30 I 31 32'1 ii LAW OFFICES OF RIMEL. HARVEY& HELSING 1. FOURTH FLOOR IWO NORTH MAIN ST. 1� SANTA ANA. GALIFORMIA 02707 - Cook i S -,h�__ City Clerk of the Cpty of'�Vewport Beach, CaliQfornia.Il J i -2- i sa�ac . I� �I 1 US %MM ND. 6150 211 A RtSi} mion or CITY CO AiCIL OF TIM CITi Ov O M1PM2 AXACH tole i AN FJ1*TV Alt W NWX 3 IN � AMMUM THE UM OF AJA AC � 41 07 WLimm WITH sua -=KMMM of WMT 6. 61' 1R%R8d$, the City Council of the City of Newport Beach 7 iatau" to iaitiats proceedings to fors, an assessment district put- 811 suant to the provisions of the improvement Act of 1911, being 9II Division 7 of the Streets and Highways Code of the State of Wi- 10; foru"s for the purpose of constructing street lighting improunusant, 11 and appurtamaaces in a special assessment district within the City 12j to be knower and designated as Assessment District No. 14; and WARYaS. the Public Works Director of the City of Memport 14:1 ]leach bas reca®sndsd that as Engineer of Work be appointed and 15; amgLoysd to perforn all engineering work in comneation with said 16! proposed assessment districts and it appears that the first of 17!I Simpson A stew n mil+ iitngaon, a partnership, is qualified for employment 18!' as such ENSinesr of Work and has offered to undertake said work; 19 and zo'1 fig, there has been presented to the City Council 211; a certain agreement of employment betwoma tha City and liimpaom & 221 Stsvlingssn employing said partnership to act as 8painesr of Work 23 ; ;1 for said Assessment District no. 14; and 241: W10MASs the unity Council has eoosi4aree the terns and. 251: conditions of said agreeneat and found that to be satisfactory; 26'' now# TRURFOAB, BE IT R8 MVEDs 1 27.I 1. Ust pursuant to the authority granted ivy Sections M. 29 5701 and 5702 of the Streets and Rigivays Coda of the State of California, the City does haraby auploy Simpson 4 Steviingaen as 30'; Insimear of Work to perform all the engineering, #*twins z"uirod is 31 i' connection with Assessment District no. 14 and this City doss hereby 32 l designate Donald C, Simpson as the psraat to make and sign may and +1 � 51 6 7 U 101' 14 151; 16'' 17 19 is 201: 'i 211 li 4411 it 23j' 24 25 is 26 271.: 28 29 3.0 31i lli II 11 fi &)I on'tUates and eoc *quit" ip:fw as& or mood by the usinew of Nark for all of 14 *AU Work sa . d UW""awttse 2* ThOt staid ftremmms.be approvod and the Maym and City CIWk of h*14by aMtbWiWW and dirocted to execute the Sao oe b*Wf of the City of Xv*Ort Beech. ADOPTED this U-w day of May, 1965. ATTISTs 11 ctty Clark 2*