HomeMy WebLinkAboutC-3064 - Consulting engineering service for Subdivision Plan ReviewCONSULTANT AGREEMENT
PLAN REVIEW SERVICES
THIS AGREEMENT, entered into this -f-k day of 1996, by and
between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to
as "City "), and DMc Engineering, whose address is 18 Technology Drive, Suite 100,
Irvine, California 92718 (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 professional services
agreement whereby ENGINEER will provide plan review services of construction
drawings, specifications, easements, and reports prepared by private consultants,
developers, contractors and other CITY departments.
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 date the agreement is entered
into as set forth above; and shall terminate on the 30th day of June, 1997, unless
terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
ENGINEER shall perform the tasks set forth in Exhibit "A ", attached hereto and
incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT
ENGINEER shall be compensated for services performed pursuant to this
Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and
incorporated herein by this reference. The maximum fee shall not exceed $30,000.
4. STANDARD OF CARE
All of the work shall be performed by ENGINEER or under ENGINEER's
supervision. ENGINEER represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. The
ENGINEER shall be responsible to City for any errors or omissions in the execution of
this Agreement. ENGINEER represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications and approvals required of its profession.
ENGINEER further represents and warrants that it shall keep in effect all such licenses,
permits and other approvals during the term of this Agreement.
5. INDEPENDENT PARTIES
City retains ENGINEER on an independent contractor basis and ENGINEER is not
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an employee of the City. 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 with City 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, worker's compensation plans, vacation and sick leave, are available from City
to ENGINEER, its employees or agent. 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 from any fees due ENGINEER. Payments of the
above items, if required, are the responsibility of ENGINEER.
6. COOPERATION
ENGINEER agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the ENGINEER on the project.
7. PROJECT MANAGER
The ENGINEER shall assign the project to a Project Manager, who shall
coordinate all phases of the project. This Project Manager shall be available to the City at
all times. The ENGINEER has designated Derek McGregor to be its Project Manager,
8. TIME OF PERFORMANCE
The taskUs to be performed by ENGINEER shall be in accordance with the
schedule specified in Exhibit "A ". ENGINEER shall receive no additional compensation if
completion of its obligation under this Agreement requires a time greater than as set forth
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herein, unless such extension is caused solely by the conduct of the City. Each party
hereby agrees to provide timely notice to the other of any violation occurring under this
Section and the cause thereof.
9. CITY POLICY
ENGINEER will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by ENGINEER shall conform to applicable city, county, state and
federal requirements and be subject to approval of the Project Administrator and City
Council.
11. PROGRESS
ENGINEER is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
ENGINEER agrees to indemnify, defend, save and hold harmless City, its City
Council, boards and commissions, officers and employees from and against any and all
loss, damages, liability, claims, suites, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury, property
damages, attorneys fees and court costs arising from any and all negligent actions of
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ENGINEER, its employees, agents or subconsultants in the performance of services or
work conducted or performed pursuant to this Agreement.
ENGINEER shall indemnify and hold harmless City, its City Council, boards and
commissions, officers and employees from and against any and all loss, damages,
liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys'
fees, accruing or resulting to any and all persons, firms or corporations furnishing or
supplying work, services, materials, equipment or supplies arising from or in any manner
connected to the ENGINEER's negligent performance of services or work conducted or
performed pursuant to this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, ENGINEER shall obtain and
provide and maintain at its own expense during the term of this Agreement policy or
policies of liability insurance of the type and amounts described below and satisfactory to
the City. Such policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to exercising any right or
performing any work pursuant to this Agreement. All insurance policies, with the
exception of Professional Errors and Omissions, shall add as additional insured the City,
its elected officials, officers and employees for all liability arising from ENGINEER's
services as described herein.
Prior to the commencement of any services hereunder, ENGINEER shall provide
to city certificates of insurance from an insurance company certified to do business in the
State of California, with original endorsements, and copies of policies, if requested by
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City, of the following insurance, with Best's Class A7 or better carriers; unless otherwise
approved by the City Risk Manager:
A. Worker's compensation insurance covering all employees and principals of
the ENGINEER, per the laws of the State of California;
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1 million
combined single limit per occurrence for bodily injury, personal injury and property
damage. If commercial general liability insurance or other form with a general aggregate
is used, either the general aggregate shall apply separately to this project, or the general
aggregate limit shall be twice the occurrence limit;
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of ENGINEER in a minimum amount of $1 million combined single limit
per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the services to
be performed in connection with this Agreement in the minimum amount of Five Hundred
Thousand Dollars ($500,000).
Said policy or policies shall be endorsed to state that coverage shall not be
suspended, voided nor canceled by either party, or reduced in coverage or in limits
except after thirty (30) days' prior notice has been given in writing to City. ENGINEER
shall give to City prompt and timely notice of claim made or suit instituted arising out of
ENGINEER's operation hereunder. ENGINEER shall also procure and maintain, at its
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own cost and expense, any additional kinds of insurance, which in its own judgment may
be necessary for its proper protection and prosecution of the work.
14. PROHIBITION AGAINST TRANSFERS
ENGINEER shall not assign, sublease, hypothecate or transfer this Agreement or
any interest in this Agreement, directly or indirectly, by operation of law or otherwise
without prior written consent of City. Any attempt to do so without consent of City shall be
null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no
right or interest by reason of an 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 venture
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, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint venture.
15. REPORTS
Each and every report, draft, work product, map, record and other document
reproduces, 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 by City.
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ENGINEER shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information which results from the services in this Agreement is to be kept
confidential unless the release of information is authorized by the City.
17. CITY'S RESPONSIBILITIES
City shall furnish to ENGINEER base, maps, existing studies, ordinances, data
and other existing information as shall be requested by ENGINEER and materials in
City's possession necessary for ENGINEER to complete the work contemplated by this
Agreement. City further agrees to provide all such materials in a timely manner so as not
to cause delays in ENGINEER's work schedule.
ITIMMITOTITA ff MIT-MIN •►
This Agreement will be administered by the Public Works Department. The Public
Works Director or his /her designees shall be considered the Project Administrator and
shall have the authority act for the City under this Agreement. The Project Administrator
or his /her authorized representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
19. EXTRA WORK
ENGINEER shall receive compensation for extra work authorized by City in
accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must
be authorized in writing by the Project Administrator and ENGINEER shall not be entitled
to extra compensation without authorization.
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20. RECORDS
ENGINEER shall keep records and invoices in connection with its work to be
performed under this Agreement. ENGINEER shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. ENGINEER shall allow a representative of City during normal
business hours to examine, audit and make transcripts or copies of such records.
ENGINEER shall allow inspection of all work, data, documents, proceedings and activities
related to the Agreement for a period of three (3) years from the date of final payment
under this Agreement.
21. REIMBURSEMENT FOR EXPENSES
ENGINEER shall not be reimbursed for any expenses unless authorized in writing
by City.
22. MONTHLY INVOICES
ENGINEER shall submit invoices to the City on a monthly basis in accordance with
ENGINEER's schedule of fees contained in Exhibit "B" hereof. Each invoice will be
itemized. Each invoice shall show the number of hours worked per person /consultant
and the nature of the work performed.
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City shall make payments to ENGINEER within thirty (30) days of receiving a
monthly invoice unless City disputes the amount ENGINEER claims is owned under this
Agreement.
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24. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. ENGINEER shall not discontinue
its work for a period of thirty (30) days from the date of withholding as a result of such
withholding. ENGINEER shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. The determination of the City Manager
with respect to such matter shall be final. ENGINEER shall be entitled to receive interest
on any withheld sums at the rate of seven percent (7 %) per annum from the date of
withholding of any amounts found to have been improperly withheld.
25. ERRORS AND OMISSIONS
In the event that the Project Administrator determines that the ENGINEER's
negligence, errors or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors or omissions in the plans or contract specifications, ENGINEER shall
reimburse City for the additional expenses incurred by the City including engineering,
construction and /or restoration expense. Nothing herein is intended to limit City's rights
under any other sections of this Agreement.
26. TEN PERCENT (10 %) WITHHOLDING
City may withhold an amount equivalent to ten percent (10 %) of the total
compensation provided herein, to be released to ENGINEER upon final adoption of the
study by the Mayor and City Council. The City reserves the right to refuse to pay all
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billings requesting amounts in excess of ninety percent (90 %) of the total compensation
provided herein until the project is completed and adopted as specified above.
27. NONDISCRIMINATION BY CONSULTANT
ENGINEER represents and agrees that ENGINEER, its affiliates, subsidiaries or
holding companies do not and will not discriminate against any subcontractor, consultant,
employee or applicable for employment because of race, religion, color, sex, handicap or
national origin. Such nondiscrimination shall include, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff,
termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship.
28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connc .tion with this project.
29. CONFLICTS OF INTEREST
A. The ENGINEER or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose financial interest that may foreseeable be materially affected by the work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeable financially affect such interest.
B. If subject to the Act, ENGINEER shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for termination of this
Agreement by the City. The ENGINEER shall indemnify and hold harmless the City for
any claims for damages resulting from the ENGINEER's violation of this Section.
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30. SUBCONTRACTING
A. ENGINEER shall not subcontract any portion of the work required by this
Agreement, except as expressly stated herein, without prior approval of City.
B. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
31. 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
P. O. Box 1768
Newport Beach, CA 92658 -8915
Attention: Richard Hoffstadt
All notices, demands, requests or approvals from City to ENGINEER shall be addressed
to ENGINEER at:
DM Engineering
18 Technology Drive, Suite 100
Irvine, CA 92718
Attention: Derek McGregor
32. TERMINATION
In the event ENGINEER hereto fails or refuses to perform any of the provisions
thereof at the time and in the manner required hereunder, ENGINEER shall be deemed in
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default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and ENGINEER fails to give adequate assurance of due performance within 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 notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement without cause by giving seven (7) days' prior 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 termination.
33. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason for 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.
34. COMPLIANCES
ENGINEER shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
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35. WAIVER
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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.
36. 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 hereon. 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 written above.
ATTEST:
J
CITY CLERK
CITY OF NEWPORT BEACH
A Municipal Corporation
110,0 I
CONSULTANT
DM ENGINEE
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EXHIBIT "A"
SCOPE OF WORK
ENGINEER shall provide consulting engineering services for plan review of
Improvement Plans, more particularly described as public and private street, storm
drain, sewer, water and street light improvement plans, and hydrology and hydraulic
reports.
2. ENGINEER shall review the above documents with respect to conformance to the City
of Newport Beach Standard Drawings, Specifications (latest edition) and design criteria.
In the course of performing said services, ENGINEER shall review landscape and
grading plans and other subsequent documents as they relate to the above
improvement plans.
3. ENGINEER will provide typed written comments, to the City's representative, as well as
redline comments on drawings and/or reports.
4. ENGINEER shall apprise City of progress on assigned projects. Such appraisal shall
be made by telephone, in writing as appropriate, or by meetings with CITY staff on an
as -, wwded basis to analyze plan review comments.
5. ENGINEER shall apprise CITY as to the projected completion date for each plan review
cycle.
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EXHIBIT "B"
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Engineer shall provide consulting engineering services as described in Exhibit'A' on a Time
and Materials basis for an agreed upon hour and fee amount between the City and Engineer.
Said fee shall be based on an average hourly rate of $70.00 per hour. Engineer shall submit to
the City a project budget for each set of plans and/or documents that the City requests the
Engineer to review.
R&M
iv
August 28, 1995
CITY COUNCIL AGENDA
ITEM NO. 11
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: ENGINEERING AGREEMENT FOR CONSULTING ENGINEERING
SERVICES FOR SUBDIVISION PLAN REVIEW
RECOMMENDATION:
Approve a contract in the amount of, not to exceed, $30,000.00 for
Consulting Engineering Services for Subdivision Project Plan Review with
DMc Engineering of Irvine to provide Consulting Engineering services for
subdivision project plan review and authorize the City Manager to execute
the contract.
DISCUSSION:
Subdivision activity in the City has increased significantly within the last
few months and is projected to continue at least through next year. In the past the
Public Works Department has tried to complete first plan check within four weeks.
However, with the increased workloads caused from the City's right- sizing and heavier
than normal subdivision activity, plan checking now may take longer.
In order to process the required plans in a timely manner, the Public
Works Department plans to hire a consulting engineering firm on an as needed basis to
perform subdivision plan review and related activities. The costs for these services will
be offset by subdivision fees paid by developers on projects. Following the use of this
arrangement for a reasonable period, the City will analyze costs to determine if the
arrangement is cost effective or whether additional City staff positions would be more
cost effective.
A proposal was received from DMc Engineering to provide consulting
engineering services for plan review of improvement plans which will include public and
private street, storm drain, sewer, water and street light improvement plans, and
hydrology and hydraulic reports. The Consulting Engineer will also review the
documents with respect to conformance to the City of Newport Beach Standard
Drawings, Specifications and design criteria. In the course of performing this service the
engineer will review landscape and grading plans and other subsequent documents as.
they relate to the improvements plans. U` I Y I,UUid��l
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
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TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT
FROM: CITY CLERK
DATE: September 13, 1995
SUBJECT: Contract No. .C- 3064
Description of Contract Consulting Engineering Services
for Subdivision Plan Review
Effective date of Contract August 28 1995
Authorized by Minute Action, approved on August 28, 1995
Contract with DMc Engineering
Address 18 Technology Drive Suite 100
Irvine CA 92718
Amount of Contract (See Agreement)
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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ENGINEERING AGREEMENT
THIS AGREEMENT, entered into this day of 1995,
by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter
referred to as "CITY ") and DM° Engineering, whose address is 18 Technology Drive, Suite
100, Irvine, California 92718 (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 professional services agreement
whereby ENGINEER will provide plan review services of construction drawings, specifications,
easements, and reports prepared by private consultants, developers, contractors and other
CITY departments.
follows:
NOW, THEREFORE, it is mutually agreed by and between CITY and ENGINEER as
SECTION 1. TERM
The term of this Agreement shall commence on the date the agreement is
entered into as set forth above, and shall terminate on the 30th day of June 1996, unless
terminated earlier as set forth herein.
SECTION 2. SERVICES TO BE PERFORMED
ENGINEER shall perform services set forth in Exhibit "A" which is attached
hereto and incorporated herein by this reference.
SECTION 3. COMPENSATION TO ENGINEER
ENGINEER shall be compensated for services performed pursuant to this
Agreement in the amount and manner set forth in Exhibit "B" which is attached hereto and
incorporated herein by this reference.
The maximum fee under this contract shall not exceed the sum of thirty
thousand dollars ($30,000) without the prior written approval of the Public Works Director.
The scope of the project may be changed and the maximum fee revised upon the prior written
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approval of the Public Works Director if the increase does not exceed ten percent (10 %) of the
maximum fee. If the increase exceeds ten percent (10 %) of the maximum fee, an amendment
to this contract shall be processed and executed by the parties.
SECTION 4. STANDARD OF CARE
ENGINEER agrees to perform all services hereunder in a manner
commensurate with the community professional standards and agrees that all services shall be
performed by qualified and experienced personnel who are not employed by CITY nor have
any contractual relationship with CITY.
SECTION 5. INDEPENDENT PARTIES
CITY and ENGINEER 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 statue,
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 plans, vacation and sick leave, are available from CITY to ENGINEER,
its employees or agents. 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 from any fees due ENGINEER. Payment of the above items, if
required, is the responsibility of ENGINEER.
SECTION 6. HOLD HARMLESS
ENGINEER shall indemnify and hold harmless CITY, its City Council, boards
and commissions, officers and employees from and against loss, damages, liability, claims,
suits, costs and expenses, including reasonable attorneys' fees, arising from ENGINEER'S
negligent performance of services pursuant to this Agreement.
SECTION 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 coverage in compliance with Paragraphs
7A, B, and C. Such certificates, which do not limit ENGINEER'S indemnification, shall also
contain substantially the following statement: "The insurance covered by this certificate shall
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not be canceled by the insurer 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 coverage of insurance required by this
Agreement, and that said coverage of insurance shall be secured from an insurance company
assigned Policyholders' Rating B (or higher) and Financial Size Category Class VIII (or larger)
by the latest edition of Best's Key Rating Guide and licensed to do insurance business in the
State of California.
A. COVERAGE
(1) Workers' Compensation. Statutory coverage as required by the
State of California.
(2) Liabilitv. Comprehensive general 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 shown above.
(3) Professional Liability. Professional liability insurance
which includes coverage for the professional acts, errors and omissions of the ENGINEER in
the amount of at least $ 500,000.
B. SUBROGATION WAIVER
ENGINEER agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general liability insurance, that ENGINEER shall
look solely to its insurance for recovery. ENGINEER hereby grants to CITY, on behalf of any
insurer providing comprehensive general liability 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.
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C. ADDITIONAL INSURED
CITY, its City Council, boards and commissions, officers, and employees
shall be named as an additional insured under all insurance coverage's, except any
professional liability 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. An additional insured named herein shall
not be held liable for any premium, deductible portion of any loss, 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.
SECTION 8. PROHIBITION AGAINST TRANSFERS
Neither party shall 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 the other party; any attempt to do so without said consent shall be null and void,
and any assignee, subleases, 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
venture or syndicate member or co- tenant if ENGINEER is a partnership or joint venture 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.
SECTION 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.
SECTION 10. REPORTS
Each and every report, draft, work - product, map, record and other
document reproduced, prepared or caused to be prepared by ENGINEER shall be the property
of CITY.
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CITY shall make no use of materials prepared by ENGINEER pursuant
to this Agreement, except for construction, maintenance and repair of the Project. Any use of
such documents for other projects, and any use of uncompleted documents, shall be at the
sole risk of the CITY and without liability or legal exposure of the ENGINEER.
No report, information or other data given to or prepared or assembled
by the ENGINEER pursuant to this Agreement shall be made available to any individual or
organization by the 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.
SECTION 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 required under this Agreement.
ENGINEER shall maintain adequate records of 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.
SECTION 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.
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 92663
Attention: Don Webb, Public Works Director
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All notices, demands, requests, or approvals from CITY to ENGINEER
shall be addressed to ENGINEER at:
DMA Engineering
18 Technology Drive
Suite 100
Irvine, California 92718
Attention: Derek McGregor
SECTION 13. TERMINATION
Either party may terminate this Agreement at any time and for any
reason by giving the other party seven (7) days' prior written notice; notice shall be deemed
served upon deposit in the United States Mail, postage prepaid, addressed to the other party's
business office. In the event of termination due to fault of ENGINEER, CITY shall be obligated
to compensate ENGINEER for only those authorized services which have been completed and
accepted by CITY. If this Agreement is terminated for any reason other than fault of
ENGINEER, CITY agrees to compensate ENGINEER for the actual services performed up to
the effective date of the Notice of Termination, on the basis of fee schedules contained above,
subject to any maximum amount to be received for any specific service.
SECTION 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.
SECTION 15. COMPLIANCE'S
ENGINEER shall exercise usual and customary professional care to
comply with laws, State or Federal, and ordinances, rules and regulations of CITY.
SECTION 16. SUBCONTRACTOR APPROVAL
Unless prior written consent from CITY is obtained, only those people
and consultant whose names and addresses appear in this Agreement or any attachments
hereto shall be used in the performance of this Agreement. Request for additional
subconsultant shall be submitted in writing, describing the scope of work to be subcontracted
and the name of the proposed subconsultant. Such request shall set forth the total price or
hourly rates used in preparing an estimated cost for the subconsultant's services. Approval of
the subconsultant may, at the option of CITY, be issued in the form of a Work Order.
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SECTION 17. 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.
SECTION 18. 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
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CITY OF NEWPORT BEACH,
a Municipal Corporation
By 9
-`Clty4g�nagef 04r
cy
DM° Engineering
Title
President
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EXHIBIT "A"
SCOPE OF WORK
1. ENGINEER shall provide consulting engineering services for plan review of
Improvement Plans, more particularly described as public and private street, storm
drain, sewer, water and street light improvement plans, and hydrology and hydraulic
reports.
2. ENGINEER shall review the above documents with respect to conformance to the City
of Newport Beach Standard Drawings, Specifications (latest edition) and design criteria.
In the course of performing said services, ENGINEER shall review landscape and
grading plans and other subsequent documents as they relate to the above
improvement plans.
3. ENGINEER will provide typed written comments, to the City's representative, as well as
redline comments on drawings and /or reports.
4. ENGINEER shall apprise City of progress on assigned projects. Such appraisal shall
be made by telephone, in writing as appropriate, or by meetings with CITY staff on an
as- needed basis to analyze plan review comments.
5. ENGINEER shall apprise CITY as to the projected completion date for each plan review
cycle.
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EXHIBIT "B"
Engineer shall provide consulting engineering services as described in Exhibit "A" on a Time
and Materials basis for an agreed upon hour and fee amount between the City and Engineer.
Said fee shall be based on an average hourly rate of $70.00 per hour. Engineer shall submit to
the City a project budget for each set of plans and/or documents that the City requests the
Engineer to review.
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THE C :NC
OF NEv_ L,iJ BE
? 81995
August 28, 1995
CITY COUNCIL AGENDA
ITEM NO. 11
- G _ .3o4ll
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: ENGINEERING AGREEMENT FOR CONSULTING ENGINEERING
SERVICES FOR SUBDIVISION PLAN REVIEW
RECOMMENDATION:
Approve a contract in the amount of, not to exceed, $30,000.00 for
Consulting Engineering Services for Subdivision Project Plan Review with
DMc Engineering of Irvine to provide Consulting Engineering services for
subdivision project plan review and authorize the City Manager to execute
the contract.
DISCUSSION:
Subdivision activity in the City has increased significantly within the last
few months and is projected to continue at least through next year. In the past the
Public Works Department has tried to complete first plan check within four weeks.
However, with the increased workloads caused from the City's right- sizing and heavier
than normal subdivision activity, plan checking now may take longer.
In order to process the required plans in a timely manner, the Public
Works Department plans to hire a consulting engineering firm on an as needed basis to
perform subdivision plan review and related activities. The costs for these services will
be offset by subdivision fees paid by developers on projects. Following the use of this
arrangement for a reasonable period, the City will analyze costs to determine if the
arrangement is cost effective or whether additional City staff positions would be more
cost effective.
A proposal was received from DMc Engineering to provide consulting
• engineering services for plan review of improvement plans which will include public and
private street, storm drain, sewer, water and street light improvement plans, and
hydrology and hydraulic reports. The Consulting Engineer will also review the
documents with respect to conformance to the City of Newport Beach Standard
Drawings, Specifications and design criteria. In the course of performing this service the
engineer will review landscape and grading plans and other subsequent documents as
they relate to the improvements plans.
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SUBJECT: ENGINEERING AGREEMENT FOR CONSULTING ENGINEERING SERVICES FOR
SUBDIVISION PLAN REVIEW
August 28, 1995
Page 2
In instances where developers request a plan review in one to two weeks
and are willing to pay the additional costs to cover the quick plan review, DMc
Engineering will be used to fill this need.
DMc Engineering will charge $70.00 per hour for their services and will
give the City an estimate of their plan checking so that the developer knows the
approximate cost of this service.
It is recommended that the Contract be given to DMc Engineering to
provide the necessary plan review services.
Respectfully submitted,
VUBLIC WORKS DEPARTMENT
Don Webb, Director
By /
Dick Hoffsta
Subdivision Engineer
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