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HomeMy WebLinkAboutC-2513 - Newport Channel Bicycle Bridge Engineering Design (final)CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714)640 -2251 TO: FINANCE DIRECTOR Cr ` '- ux.zae_ Public WOYks FROM: CITY CLERK DATE: May 1, 1986 SUBJECT: Contract No. C- 2513(B) Description of Contract Professional Engineering Services Agreement for Final Design of the Newport Boulevard Sidewalk Widening and Related Bicycle Trail Facilities Effective date of Contract April 24, 1986 Attt"o 7z- d- b3�Minatc -Artirm, approved on City Manager Contract with Address Willdan Associates 290 South Anaheim Blvd., Suite 100 CA 92805 Amount of Contract (See Agreement) Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR FINAL DESIGN OF THE NEWPORT BOULEVARD SIDEWALK WIDENING AND RELATED BICYCLE TRAIL FACILITIES THIS AGREEMENT is made and entered into this t'F'" day of AFRIc , 1986, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and the firm of WILLDAN ASSOCIATES, ENGINEERS AND PLANNERS, a California corporation, hereinafter referred to as "ENGINEER." WITNESSETH: WHEREAS, there is a significant amount of bicycle traffic using the narrow sidewalk on the easterly side of Newport Boulevard and on the Newport Boulevard Channel Bridge; and WHEREAS, the City Council on January 14, 1985, authorized execution of a professional services agreement with ENGINEER to provide preliminary engi- neering and having completed same, the City Council has considered the alternates presented and has asked that final engineering and design be completed; and WHEREAS, ENGINEER has submitted a proposal for engineering and design dated February 6, 1986, for widening the existing sidewalk to accommodate bicycle traffic to and from the proposed Newport Channel bicycle bridge and to perform all related design for such facilities which are appurtenant to that end are hereinafter referred to as "PROJECT "; 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. hall be 0 0 II. SERVICES TO BE PERFORMED BY ENGINEER ENGINEER agrees to perform the following engineering and design services as scoped in his proposal dated February 6, 1986. They are as follows: A. Provide engineering design and final plan and profile drawings for reconstructing and widening the existing P.C.C. sidewalk to a width of twelve (12) feet along the easterly side of Newport Boulevard from the south side of Via Lido approximately 370 feet north to the south end of the proposed bicycle bridge approach apron. 1. The design shall include reconstruction of the existing curb and driveway approaches in accordance with City Standards. Curb faces should nominally be eight (8) inches. Driveway entrances should be flared commercial- type driveways. 2. The design shall include wheelchair /bicycle ramp provisions at the northeasterly corner of the Via Lido - Newport Boulevard intersection. 3. The design shall include curb and sidewalk modifications on the south side of Via Lido and to the Via Lido median island. 4. Plans shall include callouts and provisions for relocating or modifying any and all interfering utilities such as storm drain, street light, and traffic signal conduits or poles. 5. Plans shall include grade change provisions for adjacent prop- erties in the form of small retaining wall designs where conditions warrant. a. One confirmed location is northerly of the existing driveway entrance to the "Hertz Mansion" business at 3636 Newport Boulevard. b. O.S.H.A. hand railing design shall be included where con- ditions warrant. B. Provide final engineering design and detailed engineering drawings for the northerly bicycle bridge span crossing the Newport Channel. The span shall be redesigned to provide sufficient length so as to allow it to span from the proposed mid - channel pile bent cap to the south side of the embankment of the Newport Boulevard Bridge /Coast Highway ramp. 1. The design shall eliminate the need for a third bicycle bridge span and its corresponding pile- supported bridge bent. Plans prepared to date shall be modified accordingly. 2 of 8 E 0 2. Changes appurtenant to the bridge span design such as embank- ment retaining wall modification, bridge abutment modification, slope grading, fills, bike trail alignment and paving are included in the required design duties. III. DUTIES OF CITY services: approval. CITY agrees to provide the following information, materials and A. All environmental documentation required to obtai!i PROJECT B. All work necessary to obtain permits from the U.S. Coast Guard, the California Coastal Commission, the U.S. Army Corps of Engineers. C. Provide all standard mylar, plan and profile sheets necessary for completing the engineering drawings. D. Provide all information, materials, data, reports, plans and maps as are existing and available that may be necessary for carrying out the work outlined herein. IV. TIME OF COMPLETION All services to be performed by ENGINEER, as outlined herein above, necessary and prerequisite to CITY's advertising an invitation for public bidding of PROJECT shall be completed within six (6) weeks of the date of execution of this Agreement. V. OWNERSHIP OF DOCUMENTS Original drawings, reports, notes, maps and other documents relating to the plans shall become the exclusive property of CITY and may be reproduced as deemed necessary by the City Engineer or his duly authorized representative. CITY agrees to hold harmless and indemnify ENGINEER against all damages, claims and losses arising out of any re -use of the plans and specifica- tions by CITY. 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 the ENGINEER's business office at 290 South Anaheim Boulevard, Suite 100, Anaheim, California 92805. 3 o 8 0 0 B. In the event of termination due to errors, omissions, or negli- gence of ENGINEER, CITY shall be relieved of any obligation to compensate ENGINEER for that portion of work affected by such errors, omissions, or negligence of ENGINEER. If this Agreement is terminated for any other reason, CITY agrees to compensate ENGINEER for the actual services performed up to the effective date of the Notice of Termination, on the basis of the fee schedule contained herein. VII. PAYMENT AND FEE SCHEDULE A. In consideration for the performance of the specified services, CITY hereby agrees to compensate ENGINEER a lump sum fee not to exceed the amount of Nine Thousand Eight Hundred Dollars ($9,800). 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 repro- duction of copies of plans and related documents and other expenditures authorized in advance by CITY at the rate of cost plus Ten Percent (10 %). 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 Rate per Hour Sr. Consultant $100.00 Principal Engineer 90.00 Division Manager 80.00 Project Director 74.00 Sr. Project Engineer 67.00 Project Manager 61.00 Project Engineer 56.00 Sr. Designer 54.00 Design Engineer 40.00 Sr. Draftsperson 44.00 Designer 40.00 Draftsperson 37.00 Jr. Draftsperson 31.00 Construction Observer (Public Works) 47.00 Sr. Real Property Agent 67.00 Real Property Agent 61.00 Assistant Property Agent 50.00 Sr. Survey Analyst 55.00 Sr. Calculator 55.00 Calculator II 44.00 4 of 8 9 Survey Analyst 44.00 Calculator I 37.00 Survey Supervisor 65.00 Party Chief 62.00 Two -man Field Party 122.00 Three -man Field Party 150.00 Computer Time 60.00 Computer Data Entry 28.00 Clerical 28.00 Delivery 21.00 VIII. 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 One Thousand Dollars ($1,000) shall require that an amendment for such additional services be processed and executed by the ENGINEER and CITY. IX. 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. X. INSURANCE 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." 61r ow., 0 0 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. Liability Insurance General liability coverage in the following minimum limits: Bodily Injury $250,000 each person $500,000 each occurrence $500,000 aggregate Property Damage $100,000 each 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. 2. Errors and Omissions Errors and omissions insurance, which includes coverage for professional malpractice, in the amount of $1,000,000. The policy shall provide for coverage of all claims made during the term of the policy. 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, ENGINEER shall look solely to its insurance for recovery. ENGINEER hereby grants to CITY, on behalf of any insurer providing insurance to either ENGINEER or CITY with respect to the ser- vices of ENGINEER, a waiver of any right of subrogation which any such insurer of said ENGINEER may acquire against CITY by virtue of the payment of any loss under such insurance. 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 0 E 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and ENGINEER. 7 of 8 • XIV. HOLD HARMLESS ENGINEER shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers, agents, servants, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable costs of litigation, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to ENGINEER's errors, negilgent acts, omissions, or work conducted pursuant to this Agreement or arising from or in any manner connected to persons firms or cor- porations furnishing or supplying work, services, materials, equipment or supplies thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written: ROVED AS TO FORM: Carol Korade, Assistant City Attorney Address and Telephone: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 (714) 644 -3311 Willdan Associates 290 South Anaheim Blvd., Suite 100 Anaheim, CA 92805 (714) 774 -5740 =SIA a CITY OF NEWPORT BEACH, a Munici al Corporation ,. Robert L. Wynn, City Manager WILLDAN ASSOCIATES, ENGINEERS AND PLANNERS By: -W4 Z4006� ary ysar$ Sr. Vice re s- icTent 0 TO: FINANCE DIRECTOR Public Works FROM: CITY CLERK 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (7141640-2251 C — Zq X? DATE: January 16, 1986 SUBJECT: Contract No. C -2513 Description of Contract Agreement for Professional Services for Final Design of the Newport Channel Bicycle Bridge Facilities Effective date of Contract September 12, 1985 A- Lhexizad h* Minute Act — approved on City Manager Contract with Willdan Associates Address 290 South Anaheim Blvd., Suite 100 Anaheim, CA 92805 Amount of Contract (See Agreement Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 0 AGREEMENT FOR PROFESSIONAL SERVICES FOR FINAL DESIGN OF THE NEWPORT CHANNEL BICYCLE BRIDGE FACILITIES THIS AGREEMENT is made and entered into this rz TM day of September, 1985, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY, and the firm of WILLDAN ASSOCIATES, ENGINEERS AND PLANNERS, hereinafter referred to as "ENGINEER." WITNESSETH: WHEREAS, there is a significant amount of bicycle traffic using the narrow sidewalk on the easterly side of the Newport Boulevard channel Bridge; and WHEREAS, the City Council on January 14, 1985, authorized execution of a professional services agreement with ENGINEER to provide preliminary engi- neering and having completed same, the City Council has considered the alter- nates presented and has asked that final engineering and design be completed; and WHEREAS, ENGINEER has submitted a proposal for final engineering and design dated June 21, 1985, for a separate bicycle bridge crossing of the Newport Channel and all related appurtenances for such facilities hereinafter referred to as "PROJECT "; 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 1of8 0 Ll 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 assign any work except as otherwise provided for herein or as author- ized in advance by CITY. II. SERVICES TO BE PERFORMED BY ENGINEER ENGINEER agrees to perform all services scoped in his proposal dated June 21, 1985, attached hereto and made a part of this Agreement as if fully set forth herein. III. DUTIES OF CITY CITY agrees to provide the following information, materials and services: A. All environmental documentation required to obtain a certified negative declaration for the project. B. All work necessary to obtain permits from the U.S. Coast Guard, the California Coastal Commission and the U.S. Army Corps of Engineers. C. Execute a separate contract with a soils engineer to provide foundation and seismic design data with recommendations made available to ENGINEER. D. The necessary standard mylar, plain or plan and profile sheets for engineering drawings. E. All information, materials, data, reports, plans and maps as are existing and available from same, and necessary for carrying out the work outlined herein. IV. TIME OF COMPLETION All services to be performed by ENGINEER shall be completed within eight (8) weeks of the date of execution of this Agreement. V. OWNERSHIP OF DOCUMENTS Original drawings, reports, notes, maps and other documents relating to the plans shall become the property of the CITY and may be reproduced as deemed necessary by the City Engineer or his duly 2of8 E 0 authorized representative. CITY agrees to hold harmless and indem- nify the ENGINEER against all damages, claims and losses arising out of any re -use of the plans and specifications. 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 de- posit in the United States mail, postage prepaid, addressed to the ENGINEER's business office at 290 South Anaheim Boulevard, Suite 100, Anaheim, California 92805. B. In the event of termination due to errors, omissions, or negli- gence of ENGINEER, CITY shall be relieved of any obligation to tion to compensate ENGINEER for that portion of work affected by such errors, omissions, or negligence of ENGINEER. If this Agreement is terminated for any other reason, CITY agrees to compensate ENGINEER for the actual services performed up to the effective date of the Notice of Termination, on the basis of the fee schedule contained herein. VII. PAYMENT AND FEE SCHEDULE A. In consideration for the performance of the specified services, CITY hereby agrees to compensate ENGINEER a lump sum fee not to exceed the amount of Eleven Thousand Eight Hundred Dollars ($11,800). B. The contract amount shall be paid in monthly partial payments based on billing for:ours 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 repro- duction of copies of plans and related documents and other expenditures authorized in advance by CITY at the rate of cost plus Ten Percent (10 %). 3 of 8 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 per- formance of services specified in Section II. E. FEE SCHEDULE Classification Rate per Hour Sr. Consultant $ 90.00 Principal Engineer 80.00 Division Manager 71.00 Project Director 71.00 Sr. Project Engineer 65.00 Project Manager 58.00 Project Engineer 53.00 Sr. Designer 48.00 Design Engineer 42.00 Sr. Draftsperson 42.00 Designer 38.50 Draftsperson 35.00 Jr. Draftsperson 26.50 Construction Observer (Public Works) 44.00 Sr. Real Property Agent 65.00 Real Property Agent 58.00 Assistant Property Agent 48.00 Sr. Survey Analyst 52.50 Sr. Calculator 52.50 Calculator II 42.00 Survey Analyst 38.00 Calculator I 35.00 Survey Supervisor 60.00 Party Chief 58.00 Two -man Field Party 112.00 Three -man Field Party 145.00 Computer Time 60.00 Computer Data Entry 26.50 Clerical 21.00 Delivery 21.00 VIII. ADDITIONAL SERVICES A. No change in character, extent, or duration of the work to be performed by ENGINEER shall be made without prior written approval from CITY. In consideration for the performance of any such 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 One Thousand Dollars ($1,000) shall require that an amendment for such additional services be processed and executed by the ENGINEER and CITY. 4of8 0 0 IX. 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 done under this contract. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly iden- tified 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. X. INSURANCE A. 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 indemnification, shall also con- tain substantially the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after Ten (10) days' written notice has been received by CITY. B. It is agreed that ENGINEER shall maintain in force at all times during the performance of this Agreement all appropriate poli- cies of insurance required by this Agreement, and that said policies of insurance shall be secured from an insurance com- pany acceptable to the CITY and shall be licensed to do insurance business in the State of California. ; C. ENGINEER shall maintain the following minimum insurance cover- ages: 5of8 0 0 1. Liability Insurance General liability coverage in the following minimum limits: Bodily Injury $250,000 each person $500,000 each occurrence $500,000 aggregate Property Damage $100,000 each 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. 2. Errors and Omissions Errors and omissions insurance, which includes coverage for professional malpractice, in the amount of $1,000,000. The policy shall provide for coverage of all claims occurring during the term of the policy notwithstanding the fact that the claim may be asserted subsequent to the expiration of the policy. D. Subrogation Waiver ENGINEER agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, that ENGINEER shall look solely to its insurance for recovery. ENGINEER hereby grants to CITY, on behalf of any insurer pro - vidng insurance to either ENGINEER or CITY with respect to the services of ENGINEER herein, a waiver of any right of subroga- tion which any such insurer of said ENGINEER may acquire against City by virtue of the payment of any loss under such insurance. 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 permitted 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. 6 o 8 . • • F. Additional Insured Except for errors and omission insurance, 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. 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 pri- marily, 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 sub - sequent breach of the same or any other term, covenant, or con- dition 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 attorneys' fees. 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both City and ENGINEER. 7of8 XIV. HOLD HARMLESS ENGINEER shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers, agents, servants, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attor- neys' fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to ENGINEER's errors, negilgent acts, omissions, or work conducted pursuant to this iAgreement or arising from or in any manner connected to persons firms or corporations furnishing or supplying work, services, o.;�Sh,,�' materials, equipment or supplies te. to TN6 6)Of/.J6C5+2 [,i.vjc:�- Ve7I7N Gio"o ;2j,9 i IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written: aDPROVED AS TO FORM: Vcn,L Carol Korade, Assistant City Attorney Address and Telephone: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 (714) 644 -3311 Willdan Associates 290 South Anaheim Blvd., Suite 100 Anaheim, CA 92805 (714) 774 -5740 CITY OF NEWPORT BEACH, a Municipal Corporation �u�::.� �/�I By: � Robert L. Wynn, City Minager WILLDAN ASSOCIATES, ENGINEERS AND PLANNERS By: ary sa Sr. Vice President