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HomeMy WebLinkAboutC-2780(A) - Engineering Services, McFadden Square Street Improvement (Assessment District No. 59)P CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: May 21, 1990 SUBJECT: Contract No. C- 2780(A) Description of Contract Supplemental Engineering Agreement for McFadden'Sguare (Assessment District No 59) Effective date of Contract May 15 1990 Authorized by Minute Action, approved on March //26, 1990 Contract with HDR Engineering, Inc. (e'Z- yillJlal 0 77 a =_`)G?�z�° Address 26722 Plaza Street, Suite 100 Mission Vieio. CA 92691 Attn: C. Stephen Buckman Jr. Amount of Contract (See Agreement) LL/" 4f 4�' V Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach A � March&, 1990 0 ) CITY COUNCIL AGENDA ITEM NO. F -3(c) TO: City Council n " GC',Nr Cni 9F:+CH FROM: Public Works Department --- -- ---- -� �BJECT: ASSESSMENT DISTRICT NO. 59 (MCFADDEN SQUARE) MCFADDEN SQUARE AREA STREET IMPROVEMENTS j RECOMMENDATION: C' 27PC (h) 1. Authorize the Mayor and the City Clerk to execute a supplemental engineering agreement with OTT Engineering, Inc. DISCUSSION: On January 22, 1990, City Staff presented the attached McFadden Square Traffic Circulation Concept Plan at the City Council Study Session. In general, the proposed plan consists of the construction of a signalized intersection at 21st Street and Balboa Boulevard and various street modifications to improve traffic circulation within the McFadden Square Area streets and parking lots. Additionally included will be the construction of a mini -plaza at the northerly end of the Ocean Front parking lot. The purpose of the mini -plaza is to safely redirect bicycle traffic in and out of the ocean front lot and to provide separation between cycles and pedestrians. Also, some additional street improvements which ve been recently identified in the design process have been added to the roject. It is proposed that this work be incorporated into the McFadden Square Street Improvement /Assessment District project which is currently under design by the City's engineering consultant, OTT Engineering, Inc.. City staff recommends that a supplemental engineering agreement be executed with OTT Engineering, Inc. for the preparation of additional plans and specifications for these proposed improvements. Fees are to be at standard hourly rates on a time and materials basis for an amount not to exceed $38,000. Funding for the design and construction of these proposed improvements is available within the current budget, however; it will be necessary to redistribute funding among the various planned street improvement projects within the Cannery Village /McFadden Square Specific Area. The Cannery Village Area Street Improvement program is currently under construction and it appears that there will be surplus funds. City staff feels that these surplus funds together with the existing funding (Acct. No. 02- 3497 -465) for the McFadden Square project will be sufficient to successfully construct the project including the proposed additional *provements. Upon completion of the Cannery Village project, a budget endment would be prepared to transfer the remaining balance of funds to he McFadden Square project. The McFadden Square project is scheduled to bucty4d during the 1990/91 fiscal year starting in September. Benjamin B. Nolan/n Public Works Director SB:so Attachment m 9 SUPPLEMENTAL ENGINEERING AGREEMENT SUPPLEMENTAL ENGINEERING FOR MACFADDEN SQUARE PRIORITY 'A' REPAIRS MCFADDEN PLAZA IMPROVEMENTS ASSESSMENT DISTRICT NO. 59 ( MCFADDEN SQUARE) THIS AGREEMENT, entered into this day of 1990, by and between the CITY OF NEWPORT B ACH, a municipal corporation, (hereinafter referred to as "CITY ") and HDR ENGINEERING, INC., (formerly OTT Engineering, Inc.), Whose address is 26722 Plaza Street, Suite 100, Mission Viejo, CA 92691 (hereinafter referred to as "ENGINEER ") is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power .to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of CITY. B. CITY and ENGINEER desire to enter into a supplemental agreement for civil engineering services to prepare improvement plans and specifications for McFadden Square Priority 'A' Repairs, Ocean Front Parking Lot Repairs, McFadden Plaza Improvements and Assessment District No. 59 (McFadden Square) in the McFadden Square Area. 77C NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1.. TERM The term of this Agreement shall commence on the 1st day of February, 1990 and shall terminate on the 30th day of August, 1990, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED BY ENGINEER ENGINEER shall perform each and every service set forth in Schedule "A" which is attached hereto and incorporated herein by this reference. The CITY reserves the right to modify the scope of work, which is to be performed by the ENGINEER, due to budgetary constraints in connection with the McFadden Square Assessment District. 1 • r 3. COMPENSATION TO CONSULTANT ENGINEER shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Schedule "B" which is attached hereto and incorporated herein by this reference. 4. STANDARD OF CARE ENGINEER warrants and guarantees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified and experienced personnel. 5. INDEPENDENT PARTIES The parties to this agreement intend that the relation between them created by this Agreement is that of employer - independent contractor. The manner and means of conducting the work are under the control of, ENGINEER except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No Civil Service status or other right of employment will be acquired by virtue of ENGINEER'S services. None of the benefits provided by CITY to its employees, including but not limited to unemployment insurance, workers' compensation insurance, retirement and deferred compensation plans, vacation and sick leave, are available from CITY to ENGINEER, its employees or agents. From any fees due Engineer, deductions shall not be made for any State or Federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer - employee relationship. Payment of the above items, if required, is the responsibility of ENGINEER. 6. 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 attorneys' fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to ENGINEER'S negligent performance of services or work conducted pursuant to this Agreement. K 7. INSURANCE r On or before the commencement of the term of this Agreement, ENGINEER shall furnish 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 contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days' written notice has been received by the City of Newport Beach." it is agreed that ENGINEER shall maintain in force at all times during the performance of this Agreement all appropriate policies of insurance and that said coverage of insurance shall be secured from a good and responsible company or companies, doing insurance business in the State of California. coverage: ENGINEER shall maintain the following insurance a. Errors and Omissions. Errors and omissions insurance, which includes coverage for professional malpractice in the amount of at least $500,000. 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. b. Subrogation Waiver. ENGINEER agrees that in the event 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 services of ENGINEER herein, 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. 3 0 0 c. Additional Insured. CITY, its City Council, boards and commissions, officer, agents, servants and employees shall. be named as an additional insured on all policies of insurance required by 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 primarily, and to ENGINEER secondarily, if necessary. 8. PROHIBITION AGAINST TRANSFERS ENGINEER shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise, without the prior written consent of CITY; any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of ENGINEER, or of the interest of any general partner or joint venturer or syndicate or cotenancy, which shall result in changing the control of ENGINEER, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. 9. PERMITS AND LICENSES ENGINEER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance or services hereunder. 4 10. REPORTS J Each and every report,, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by ENGINEER pursuant to or in connection with this Agreement shall be the exclusive property of CITY. No report, information or other data given to or prepared or assembled by ENGINEER pursuant to this Agreement shall be made available to any individual or organization by ENGINEER without prior approval of CITY. ENGINEER shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. 11. 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 services under this Agreement. ENGINEER shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services. 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 CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow .inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States.mail, postage prepaid, registered or certified, addressed as hereinafter approved. 5 0 E All notices, demands, requests, or approvals from ENGINEER to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Attention: Steve Badum, Public Works Department All notices, demands, requests, or approvals from CITY to ENGINEER shall be addressed to ENGINEER at: HDR Engineering, Inc. 26722 Plaza Street, Suite 100 Mission Viejo, CA 92691 Attention: C. Stephen Buckman, Jr. 13. TERMINATION In the event ENGINEER hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, ENGINEER shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by ENGINEER from CITY of written notice of default, specifying the nature of such default and the steps necessary to cure such default, CITY by terminate the agreement forthwith by giving to the ENGINEER written notices thereof. CITY shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' written notices to ENGINEER as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 14. 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. 15. COMPLIANCES ENGINEER shall comply with all applicable laws, State or Federal, and all applicable ordinances, rules and regulations enacted or issued by CITY. 0 16. WAIVER • A waiver by the 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 of any other term, covenant, or condition contained herein whether of the same or a different character. 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: City Attorney 7 CITY OF NEWPORT BEACH, a Municipal Corporation 1 9 . By � ���((��4 - City Manager 1 HDR ENGINEERING, INC. By: C. S)-'epifen Bucknam, J .' Rej-it l Manager /Vice Pre ident Or�arw¢M+�tT SCHEDULE . "A" SCHEDULE OF SERVICES FOR 0 MCFADDEN SQUARE PRIORITY "A" REPAIRS MCFADDEN SQUARE PARKING LOT REPAIRS MCFADDEN PLAZA IMPROVEMENTS ASSESSMENT DISTRICT N0. 59 (MCFADDEN SQUARE) The ENGINEER agrees to .perform and furnish the CITY the various professional services for the project limits as shown in Exhibit "A" and as specifically outlined below: Task A: Traffic Circulation Plan - Prepare conceptual plans for McFadden Square traffic circulation as directed by city Staff. Prepare additional exhibits as required. Task B: Street Lighting - Prepare-plans and specifications for the redesign of system from series to parallel including design and layout of all new conduit, pullboxes, service locations, etc. Task C: Plaza & Parking Lot Geometrics - Revise plans to incorporate the conceptual circulation plan for McFadden Square Plaza and Ocean Front parking lot. Task D: Mini -Plaza - Prepare.plans and specifications for the construction of a mini -plaza at the northwest end of the Ocean Front lot as shown on the conceptual plan. Task E: Traffic Signalization - Prepare plans and specifications for the construction of a signalized intersection at Balboa Blvd. and 21st St as shown on the concept plan. Task F: Additional Storm Drain - Prepare plans for additional drainage at the proposed signalized intersection at Balboa Blvd. and 21st St. Task G: Additional Survey - Provide additional survey work as required to successfully complete the above work tasks. Task H: Design Details - Prepare additional design details for beach shower, bike .parking facilities, plaza kiosk and and directional sign on Balboa Blvd. at McFadden Plaza entrance area Task I: Meetings & Coordination - Attend meetings with City staff and provide coordination necessary to successfully accomplish the above tasks.. E SCHEDULE "B" COMPENSATION TO ENGINEER 1. Fee Schedule and Payment A. In consideration of the' performance of services specified under Exhibit "A" of this Agreement, CITY hereby agrees to compensate ENGINEER an amount based upon the following hourly rate schedule set forth below. In no event shall said amount be greater than Thirty -eight thousand dollars ($38,000.00). Classification of Personnel Hourly Rate Principals $120.00 Project Engineer 70.00 Project Designer '. 45.00 Designer Draftsperson 47.00 Draftsperson 30.00 Clerical /Word Processing 28.00 Field Two -man Survey Crew $115.00 Three -man Survey Crew 155.00 Outside agency fees, reproductions, photographs, computer, and long distance phone. charges are not included in above fees and will be billed at cost.. Periodic progress billings will be made for work completed. The contract amount shall be paid to ENGINEER as follows: 1. Monthly partial. payments shall be based on the amount earned each month, as determined by the fee schedule. The sum of the monthly partial payments shall not exceed ninety -five percent (950) of the maximum fee. . 2. Balance of the total amount earned to be paid upon completion of work, specified in Section 2 (Service to be performed by ENGINEER). II. Additional Work Should ENGINEER complete any additional work not outlined in this Agreement, but authorized by CITY, the extra work shall be performed on an hourly basis in, accordance with the hourly rate standard fee schedule above to the maximum limit of 10% as authorized by the Public Works Director. 9 ab Ali Z 1 ' llq L — �'• ��t P , tai � I r p • I ! � 5, i tit r. I. � I 10 4 Y>• ��tOr ° I l 3aoy..a,r, r. � Jy , o , �'• r � �V. jr • :.i fir.. r•� � , � .. .iK� 1 � lYti 0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR FROM: CITY CLERK (714) 644 -3005 DATE: December 11, 1989 SUBJECT: Contract No. C -2780 ✓��n�. Description of Contract Engineering Services Agreement for McFadden Square Street Improvements and Assessment District No. 59 Effective date of Contract December 4, 1989 Authorized by Minute Action, approved on November 27, 1989 Contract with Ott Engineering, Inc. Address 27405 Puerta Real. Suite 360 Mission Vieio, CA 92691 Attn: C. Stephen Bucknam, Jr. Amount of Contract (See Agreement) "W� s 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • • Ovember 27, 1989 <3) I;'f -OUNC QTY COUNCIL AGENDA :A�TEM NO. F -3(a) TO: CITY COUNCIL Nov 2 T 1989 FROM: Public Works Department Apprtoy vl) Z %W (/I) SUBJECT: MCFADDEN SQUARE STREET IMPROVEMENTS AND ASSESSMENT DISTRICT NO. 59 ( MCFADDEN SQUARE) ENGINEERING SERVICES AGREEMENT RECOMMENDATIONS: Authorize the Mayor and City Clerk to execute the subject engineering services agreement with Ott Engineering, Inc. DISCUSSION: On August 14, 1989, the City Council held a public hearing concerning the formation of the proposed Assessment District No. 59 (McFadden Square). At the conclusion of the hearing a motion was made and passed in favor of pro- ceeding with the formation of this special district. In proceeding with this project the preparation of an Engineer's report including plans and specifica- tions is required by the provisions of the "Municipal Improvement Act of 1913" being Division 12 of the Streets and Highways Code of the State of California. Ott Engineering Inc. has been previously retained by the City to preform preliminary engineering services in conjunction with the City's capital improvement project to construct McFadden Square Priority "A" Repairs. It is proposed that this firm continue with the preparation of final plans and specifications for the McFadden Square Priority "A" Repairs project and include the assessment district improvements. Upon successful establishment of the assessment district all proposed improvements would be constructed in conjunction with the assessment district improvements. The plans and specifications are scheduled to be completed in early January 1990. Upon completion of plans and specifications, they will be included in the Engineer's Report which will be submitted to the City Council for approval and a public hearing. Construction of the project is expected to commence upon successful conclusion of the public hearing. Due to time constraints, the goals of the construction project would be to complete the McFadden Plaza by Memorial Day, prohibit all work between Memorial Day and Labor Day, and complete the McFadden Priority "A" repairs, decorative sidewalks and thematic street lighting commencing after Labor Day. Under the terms of the agreement, fees are to be based at standard hourly rates on a time and materials basis for an amount not to exceed • $108,100.00. Funds are available in the currently budgeted McFadden Square Priority "A" Repairs project and that portion of funds, estimated at approximately $50,000.00, necessary to prepare plans and specifications for the assessment district improvements will be reimbursed through bond sales upon establishment of the assessment district. 4�� Qolan Public Works Director SB:so 0 • ENGINEERING AGREEMENT • -• 2 FINAL ENGINEERING FOR MCFADDEN SQUARE PRIORITY 'A' REPAIRS, OCEAN FRONT PARKING LOT REPAIRS MCFADDEN PLAZA IMPROVEMENTS ASSESSMENT DISTRICT NO. 59 ( MCFADDEN SQUARE) THIS AGREEMENT, entered into this day of 1989, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and OTT ENGINEERING, INC., whose address is 27405 Puerta Real, Suite 360, Mission Viejo, CA 92691, (hereinafter referred to as "ENGINEER "), is made with reference to the following: R E C I T A L S: A. CITY is a municipal corporation duly orgainized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. CITY and ENGINEER desire to enter into an agreement for civil engineering services to prepare improvement plans and specifications for McFadden Square Priority 'A' Repairs, Ocean Front Parking Lot Repairs, McFadden Plaza Improvements and Assessment District No. 59 (McFadden Square) in the McFadden Square Area. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 25th day of July, 1989, and shall terminate on the 30th day of August, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED BY ENGINEER ENGINEER shall perform each and every service set forth in Schedule "A" which is attached hereto and incorporated herein by this reference. The CITY reserves the right to modify the scope of work, which is to be performed by the ENGINEER, due to budgetary constaints in connection with the McFadden Square Assessment District. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Schedule "B" which is attached hereto and incorporated herein by this reference. 1 o 6 0 0 4. STANDARD OF CARE Consultant warrants and guarantees that all services performed hereunder shall be provided in a manner commensurate with the highest pro- fessional standards and shall be performed by qualified and experienced personnel. 5. INDEPENDENT PARTIES The parties to this Agreement intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of ENGINEER, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No Civil Service status or other right of employment will be acquired by virtue of ENGINEER'S services. None of the bene- fits provided by CITY to its employees, including but not limited to unemploy- ment insurance, workers' compensation insurance, retirement and deferred compensation plans, vacation and sick leave, are available from CITY to ENGINEER, its employees or agents. From any fees due ENGINEER, deductions shall not be made for any State or Federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer- employee relationship. Payment of the above items, if required, are the responsibility of ENGINEER. 6. 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 attorneys' fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to ENGINEER'S negligent performance of services or work conducted pursuant to this Agreement. 7. INSURANCE On or before the commencement of the term of this Agreement, ENGINEER shall furnish 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 contain 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 the City of Newport Beach." 2 of 6 0 It is agreed that ENGINEER shall maintain in force at all times during the performance of this Agreement all appropriate policies of insurance, and that said policies of insurance shall be secured from a good and responsible company or companies, doing insurance business in the State of California. Consultant shall maintain the following insurance coverage: a. Errors and Omissions Errors and omissions insurance, which includes coverage for professional malpractice in the amount of at least $500,000. 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. b. Subrogation Waiver. ENGINEER agrees that in the event 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 services of ENGINEER herein, a waiver of any right of subro- gation which any such insurer of said ENGINEER may acquire against CITY by vir- tue of the payment of any loss under such insurance. c. Failure to Secure If ENGINEER at any time during the term hereof, should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance at a rate no more than the existing rate in ENGINEER'S name or as an agent of ENGINEER, and shall be compensated by ENGINEER for the costs of such insurance at the maximum rate permitted by law computed from the date written notice is received that such costs have been paid. d. Additional Insured CITY, its City Council, boards and commissions, officers, agents, servants and employees shall be named as an additional insured on all policies of insurance required by 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 primarily, and to ENGINEER secondarily, if necessary. 3 of 6 • 8. PROHIBITION AGAINST TRANSFERS ENGINEER shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise, without the prior written consent of CITY; any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of ENGINEER, or of the interest of any general partner or joint venturer or syndicate member or cotenant if ENGINEER is a partnership or joint venturer or syndicate or cotenancy, which shall result in changing the control of ENGINEER, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. 9. PERMITS AND LICENSES ENGINEER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. 10. REPORTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by ENGINEER pursuant to or in connection with this Agreement shall be the exclusive property of CITY. No report, information or other data given to or prepared or assembled by ENGINEER pursuant to this Agreement shall be made available to any individual or organization by ENGINEER without prior approval of CITY. ENGINEER shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. 11. 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 services under this Agreement. ENGINEER shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services. 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 4 of 6 0 0 access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement, shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from ENGINEER to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 All notices, demands, requests, or approvals from CITY to ENGINEER shall be addressed to ENGINEER at: Ott Engineering, Inc. 27405 Puerta Real, Suite 360 Mission Viejo, CA 92691 Attention: C. Stephen Bucknam, Jr. 13. TERMINATION In the event ENGINEER hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, ENGINEER shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by ENGINEER from CITY of written notice of default, specifying the nature of such default and the steps necessary to cure such default, CITY may terminate the Agreement forthwith by giving to the ENGINEER written notices thereof. CITY shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' written notice to ENGINEER as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of ter- mination. 5 of 6 14. COST OF ITIGATION • 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. 15. COMPLIANCES ENGINEER shall comply with all applicable laws, State or Federal, and all ordinances, rules and regulations enacted or issued by CITY. 16. WAIVER A waiver by the CITY of any breach of any term, covenant, or con- dition 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. 17. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be exe- cuted on the day and year first above written. By City Clerk _I r00 z CITY OF NEWPORT BEACH, a Municipal Corporation M OTT ENGINEERING, INC. By� C. ph uc nam, Jr. Regional Manager /Vice Presid t 6 of 6 • SCHEDULE "A" • SCHEDULE OF SERVICES FOR MCFADDEN SQUARE PRIORITY "A" REPAIRS MCFADDEN SQUARE PARKING LOT REPAIRS MCFADDEN PLAZA IMPROVEMENTS ASSESSMENT DISTRICT NO. 59 ( MCFADDEN SQUARE) The ENGINEER agrees to perform and furnish to the CITY the various professional services for the project limits as shown in Exhibit "A" and as specifically outlined below: Task A: Pre - desiqn Report and Field Investiqation Review This work includes the review of the Pre- design Report and Field Investigation data which was previously done under the preliminary phase of this project. Task B: Street Improvement Plans Work efforts under this task will involve the preparation of detailed street improvement plans, at 1 " =20' scale, encompassing repair and reconstruction of existing curb, gutter, sidewalk and street pavement within the project limits. Also included are plans for the channelization of the existing McFadden Square parking lots adjacent to the pier. Task C: Assessment District No. 59 (McFadden Square Work under the task includes the preparation of plans necessary to construct the proposed improvements for the proposed Assessment District No. 59 as shown on Exhibit "B" and as follows: 1. Prepare plans and details to construct decorative concrete and brick ribbon sidewalks which will be integrated with plans as described in Task B above. 2. Prepare plans and details necessary to construction thematic street lighting. 3. Prepare plans and details necessary to construct McFadden Plaza at the base of the Newport Pier as shown in Exhibit "C ", conceptual plan or similar revisions, including site layout, landscape, irrigation, brick planters, decorative sidewalks, lighting, plaza furniture and other appurtenant facilities. Task D: Siqninq and Stripinq Plans Work includes the preparation of signing and striping plans for the project area in conjunction with the reconstruction and reconfiguration of improvements as described above. Task E: Specifications, Bid Proposal and Cost Estimates Work under this task will involve preparation of contract special provisions and bid proposal for insertion into the contract bid document package. All specifications shall conform to the City's Standard Special Provisions and Standard Drawings for Public Works Construction, 1988 Edition, and the Standard Specifications for Public Works Construction (Green Book), 1988 Edition. Special provisions an bid proposal will be prepared and submitted utilizing "Work Perfect 5.0" word processing software. The bid proposal shall show separate listings for assessment district items. Also included under this task is the preparation of cost estimates. Upon completion of the final plans and specifications a final cost estimate will be prepared. Task F: Project Management /Meetings /Review This work task includes the overall management, quality assurance and meetings as necessary to complete final plans and specifications including quality control review by senior and principal engineering personnel, and meetings with the Public Works Department and other affected departments within the City. Also included in the task is attendance at the public information meeting. SCHEDULE "B" COMPENSATION TO ENGINEER I. Fee Schedule and Payment 11 A. In consideration of the performance of services specified under Exhibit "A" of this Agreement, CITY hereby agrees to compensate ENGINEER an amount based upon the following hourly rate schedule set forth below. In no event shall said amount be greater than One hundred eight thousand one hundred dollars ($108,100.00). Hourly rates for office and field personnel shall be as follows: Classification of Personnel Hourly Rate Principals $120.00 Project Engineer 70.00 Project Designer 45.00 Designer Draftsperson 47.00 Draftsperson 30.00 Clerical /Word Processing 38.00 Field Two -man Survey Crew $115.00 Three -man Survey Crew 155.00 Outside agency fees, reproductions, photographs, computer, and long distance phone charges are not included in above fees and will be billed at cost. Periodic progress billings will be made for work completed. The contract amount shall be paid to ENGINEER as follows: 1. Monthly partial payments shall be based on the amount earned each month, as determined by the fee schedule. The sum of the monthly partial payments shall not exceed ninety -five percent (95 %) of the maximum fee. 2. Balance of the total amount earned to be paid upon completion of work, specified in Section 2 (Service to be performed by ENGINEER). II. 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