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. 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.
r
'Irk.. \ vy
y4 `
Ao
^ ` a
1 ••a
t.
V
y
J
m
- ^A '1-oy
Q
c�
Y ^^
K'
° °53 nOta
sI
Vy
TZ! !Z /'
/Z /..p/I
I h�S
! //.
t.
V
y
J
m
- ^A '1-oy
Q
c�
Y ^^
K'
° °53 nOta
sI
IS a-/ b7
lZ/
TZ! !Z /'
/Z /..p/I
I h�S
! //.
•S / /..lii
-
p/
lP'
`
a
u
4u
sn
nc
rzi
!u
t/r
nn
.m
•u
w/
:rossi.
A
ti
NN
/ry
N
ti5,
ry
N�bW
ti
h
��
To
m=
R
N
"1
mN�
P
a
`n?•
sia
-aii..eir
vi
wi
s
t�LC
.p,/ rer.
sz
P
I� p
SZ
1 M
.SZ
.Tl ai
IS a-/ b7
■A1
1
2
W
c. C7
er/
lZ/
TZ! !Z /'
/Z /..p/I
I h�S
! //.
•S / /..lii
-
p/
lP'
`
a
u
4u
sn
nc
rzi
!u
t/r
nn
.m
•u
w/
:rossi.
A
ti
NN
/ry
N
b
Y
ry
N
ti
h
ti
m=
R
N
mN�
a
`n?•
sia
-aii..eir
vi
wi
s
t�LC
.p,/ rer.
sz
■A1
1
2
W
c. C7
er/
lZ/
TZ! !Z /'
/Z /..p/I
I h�S
! //.
•S / /..lii
-
p/
lP'
`
4
�
I
W
.n/
yr /
za/
w/
au..yr
nn
wr .au
.xr..xv
1.51 til- �j:
'N
lZ/
TZ! !Z /'
/Z /..p/I
I h�S
! //.
•S / /..lii
. ///
p/
lP'
`
4
�
I
/
Vi
Q
V U
J
�• C J
Q
ill h � o
J I
I h�S
�
I
J
�• C J
Q
ill h � o
J I
Z
V-4
0
CL
�Q
M
F-
VW LJ X
LU
2-2 z
0
C)
n�—T@