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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 2 f: \g rou ps \pubworks \agmt \dmc. doc 10/96 r 0 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 3 f:\g rou ps \pu bwo rks \ag mt \d mc. doc 10/96 0 i 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 4 f: \grou ps\pu bworks\ag mt\d mc. d oc 10/96 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 5 f: \g rou ps \pu bworks \ag mt \d mc. d oc 10/96 0 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 6 f: \g roups \pubworks \agmt \dmc. doc 10/96 0 9 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. 7 f: \groups \pubworks \agmt \dmc.doc 10/96 • • 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. 8 f: \g ro u ps \pu bwo rks \ag mt \d mc. d oc 10/96 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. f►Zc &T_ \' /tkyiIAi:I Eel role] JiI »kq 6y.&IIII 0Q 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. 9 f: \groups \ p u bwo r k s \a g m t \d m c. d o c 10196 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 10 f: \groups \pubworks \agmt \dmc.doc 10/96 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. 11 f: \g rou ps \pu bwo rks\ag mt \d mc. doc 10/96 0 a 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 12 figrou ps \pu bworks \agmt \dmc.doc 10196 0 0 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. 13 f:\groups\pubworks\agmt\dmc.doc 10/96 u 35. WAIVER 0 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 fAg rou ps \pubworks \ag mt \dmc.doc 10/96 0 0 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. 0 EXHIBIT "B" 0 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 AVFKUVtU U DA 8/ 0 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 C41&1,4 Asp 9 - /3-y 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 ✓' i f G - 3o6s� 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 E • 0 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 2 0 0 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. 3 0 0 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. E 0 0 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 5 0 0 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. 11 0 9 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 7 CITY OF NEWPORT BEACH, a Municipal Corporation By 9 -`Clty4g�nagef 04r cy DM° Engineering Title President 0 0 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. 0 0 • 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. ag \dmc C 0 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. 09) 0 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 • •