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HomeMy WebLinkAboutC-3078(B) - PSA, Newport Harbor Lutheran Church3078 AMENDMENT NO, 2 TO CONSULTANT AGREEMENT CIVIL ENGINEERING SERVICES CASTAWAYS PARK THIS AMENDMENT NO. 2 TO AGREEMENT, made and entered into this { day of ,1997, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY "), and the firm of WALDEN AND ASSOCIATES, whose address is 18012 Cowan, Suite 210, Irvine, CA 92714, (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On September 27, 1995, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT." On November 12, 1996, Amendment No. 1 to AGREEMENT was approved by the City Council B. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT agrees to perform the additional services as outlined in letter proposal from CONSULTANT, dated March 31, 1997, herein attached to and made part of this AMENDMENT as EXHIBIT A. 2. The maximum fee to be paid to CONSULTANT to cover services described herein is increased by $4,800 for a new total of $40,800. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS, WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 to AGREEMENT on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: Z�6k CIT' NA APPROVED AS TO FORM: City Attorney CONSULT f�IT BY: WALDEN AND ASSOCIATES ATTEST: City Clerk 9 18012 COWAN, SUTTE 210 • IRVINE, CA 92614 *LDEN & 714/660 -0110 FAX: 660 -0418 S S 0 CIATE S CIVIL ENGINEERS - PLANNERS - LAND SURVEYORS WORK REQUESTED BY: EMMET BERKERY DATE: 3131197 COMPANY: CITY OF NEWPORT BEACH PREPARED BY: DAVE BACON DUE DATE: JOB NO.: 1001 - 369 -2X2 BILLING PROJECT REFERENCE: CASTAWAYS PARK, NEWPORT BEACH DESCRIPTION OF WORK REQUESTED: PURSUANT TO YOUR REQUEST WE WOULD PROVIDE THE FOLLOWING ADDITIONAL SERVICES. • REVISE CASTAWAYS PARK GRADING PLANS PER MARK -UP PROVIDED BY CITY DATED 2/23/97 AND MEETINGS AND DISCUSSIONS WITH CITY REPRESENTATIVE TO REGRADE PARK AREA, MODIFY TRAIL SECTION, ADD DEBRIS TYPE INLET, ETC. • REVISE PARKING LOT GRADING PLAN PER DISCUSSION AND MARK -UP TO DELETE PARKING ISLAND CURB, REVISE CONNECTING WALKWAY AT FRONT, MODIFY AND COORDINATE RETAINING WALLS, ETC. • PROVIDE ADDITIONAL COORDINATION WITH CITY AND CONSULTANTS AS REQUIRED TO COMPLETE WORK. ESTIMATED FEE FOR ADDITIONAL WORK: REVIEWED & AUTHORIZED BY: (CLIENT) FAW ORDDOMULEU 001- 331.RA W (DATE) 0 • • cv ri�� c . CRY O A�F NE44 Rrt:; November 12, 1996 CITY COUNCIL AGENDA ITEM NO. 16 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT C -3° -7� SUBJECT: CONSULTING ENGINEERING SERVICES AGREEMENT FOR THE DESIGN OF CASTAWAYS PARK RECOMMENDATIONS: 1. Approve Amendment No. 1 to a Consultant Agreement with Walden and Associates for civil engineering services by $13,500. 2. Authorize the City Manager and City Clerk to sign Amendment No. 1 on behalf of the City. DISCUSSION: On September 27, 1995, the City Council approved an Agreement for Civil Engineering Services with Walden and Associates covering the preparation of civil engineering improvement plans for the construction of Castaways Park (Upper Castaways Passive Park), a 30 -space City parking lot, and associated modifications to the adjacent Newport Harbor Lutheran Church parking lot. After performing their work under this Agreement, the need to perform additional services, beyond those covered by the Agreement, arose. Negotiations with the Lutheran Church and Taylor Woodrow Homes have required substantial modifications. Some portions of the project have been redesigned and other work added to the project. The additional services provided will almost completely revise the original concept. A brief outline of the additional work included in the amendment is as follows: Provide an "as- graded" topographic survey of the portions of the park which were previously graded by Taylor Woodrow Homes (TWH). TWH agreed to do this work at no cost to the City, given that the park plans were not complete at that time, the work was done from preliminary plans. In order to help secure more competitive bids, the as- graded survey will be included in the bid package for both construction phases. 6 • SUBJECT: CASTAWAYS PARK November 12, 1996 Page 2 Include the design of a new 17 space parking lot for Newport Harbor Lutheran Church into the improvement plans for the construction of Castaways Park and Newport Harbor Lutheran Church Parking Lot Improvements, the second construction phase of the project. Revise the storm drain plans so that there is a separate functioning storm drain for each phase. Revise parking lot geometrics, sidewalk widths and alignments, and parking lot finish grades as required by City staff and consultants. Incorporate topographic surveys and improvement design by TWH consultants into park plans as necessary for coordination. Staff recommends approval of Amendment No. 1 to Walden and Associates Consultant Agreement increasing the authorization by $13,500 from $22,500 to $36,000. (A copy of Amendment No. 1 is attached for reference.) • If approved, sufficient funds for this amendment are available in Account No. 7017- • C4120280. Respectfully submitted, Cho PUBLIC WORKS DEPARTMENT Don Webb, Director Emmet Berkery Consultant Attachments P • AMENDMENT NO. 1 TO CONSULTANT AGREEMENT CIVIL ENGINEERING SERVICES CASTAWAYS PARK THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this day of 11996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY "), and the firm of WALDEN AND ASSOCIATES, whose address is 18012 Cowan, Suite 210, Irvine, CA 92714, (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITALS: A. On September 27, 1995, a Consultant Agreement was entered into • by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT." B. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. In addition to the services described in AGREEMENT, CONSULTANT agrees to perform the following additional services: a. Provide a field topographic survey of the areas of Upper Castaways previously graded by Taylor Woodrow Homes. These areas encompass the following: i) the "swale" portion of Castaways Park ii) the replacement parking area for Newport Harbor Lutheran Church 0 0 iii) the pedestrian - bicycle trail from the new City parking • lot adjacent to Dover Drive to Castaways park b. Revise construction plans for Castaways Park and Newport Harbor Lutheran Church Parking Lot. Improvements to include design of a 17 space parking lot at northeast corner of NHLC property. C. Revise grading plan for Castaways Park to provide a more natural "contoured" appearance to swale area as requested by CITY. d. Revise parking lot plans to provide additional sidewalk widths as requested by CITY. e. Revise storm drain plan to provide separate systems for Castaways Park and for the parking lots as requested by CITY. f. Revise grading plan to include existing topography and proposed improvements by TWH to Lot T of Tract 15012, as requested by CITY. CITY. necessary. g. Revise parking lot grades and geometrics as requested by • h. Provide additional coordination with TWH consultants as 2. The maximum fee to be paid to CONSULTANT to cover services described herein is increased by $13,500 for a new total of $36,000. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. • 1V !, IN WITNESS, WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to AGREEMENT on the date first above written. APPROVED AS TO FORM: City Attorney • ATTEST: City Clerk CITY OF NEWPORT BEACH, a municipal corporation 10 CITY MANAGER CONSULTANT AN WALDEN AND ASSOCIATES 0 VA10/31!96 JN: 1001 - 369 -2X I Pursuant to your request Walden & Associates proposes to provide the following additional services: • Topo area of proposed parking lot that has been previously rough graded by the adjacent developer. • Add the demo and design of the parking area to the northeast of the church • Revise the plans to reflect city directed changes including curb locations, elevation adjustments, etc. • Add wall profiles where applicable. • Add trees at east side of church property to topo base per locations provided. • Provide additional coordination with city and adjacent developer as required. • Topo the area that has been previously rough graded by the adjacent developer which includes the trail and drainage swale areas. • Revise grading near parking lot per city requested changes and realignment of storm drain. • Provide wall profiles where applicable. • Provide additional coordination with city and adjacent developer as required. UA F:\ W ORDDOC SIDL B\ 10011030. PRP 1�ALDEN & SSOCIATES 0 November 5, 1996 CITY OF NEWPORT BEACH c/o Emmet Berkery 3345 Newport Boulevard, Suite 215 Newport Beach, CA 92663 18012 COWAN, SUITED • IRVINE, CA 92614 714/660 -0110 FAX: 660 -0418 CIVIL ENGINEERS— PLANNERS —LAND SURVEYORS RE: Addendum to contract for Newport Harbor Lutheran Church and Castaways Park Parking Lots and Castaways View Park Dear Einrnet: Pursuant to your request we have prepared this letter summarizing the additional services requested to date on these projects. The following is a list of our proposed fees for each general phase of additional work with a more specific scope of services attached on a separate sheet. • Castaways Park and Newport Harbor Lutheran Church Parking Lots Additional Office Engineering and Topo ................. ......................$7,200.00 • • Castaways View Park - Additional Office Engineering and Topo ............... ............................... ......................$6,300.00 • Total ......... .....................$13,500.00 These additional services would be added as an addendum to our original contract and all provisions thereof would remain in effect. If you have any questions regarding this addendum please call. Thank you for the opportunity to be of continued service. Since ly, rr David L. Bacon DLB\kdb 1001- 369 -1XI & 2X1 Billing Enclosure FA WORDDOMM.a\ 10011030.PRP PROFESSIONAL SERVICES AGREEMENT NEWPORT HARBOR LUTHERAN CHURCH PARCEL MAP THIS AGREEMENT, entered into this 2nd day of February, 1998, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and Walden & Associates whose address is 18012 Cowan. Suite 210 Irvine California 92614, (hereinafter referred to as "Consultant "), 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 the City. PLS. B. The principal members of Consultant is David L. Walden, RCE and C. City desires to engage Consultant to prepare a tentative and final parcel map to consolidate the Lutheran Church's three parcels upon the terms and conditions contained in this Agreement. 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 2nd day of February , 1998, and shall terminate on the 30th day of June 1998, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $7,700.00. 4. STANDARD OF CARE All of the work shall be performed by Consultant or under Consultant's supervision. Consultant 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 Consultant shall be responsible to City for any errors or omissions in the execution of this Agreement. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and 2 f:\groups\pubworks\agmt\98\walden.doc 03/23/98 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 Consultant on an independent contractor basis and Consultant is not an employee of the City. The manner and means of conducting the work are under the control of Consultant, 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 Consultant'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 Consultant, 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 Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. COOPERATION Consultant 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 Consultant on the project. 7. PROJECT MANAGER The Consultant 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 Consultant has designated David L. Walden to be its Project Manager. 3 f:\groups\pubworks\agmt\98\waiden.doe 03/23/98 0 0 8. TIME OF PERFORMANCE The taskCsj to be performed by Consultant shall be in accordance with the schedule specified in Exhibit "A ". Consutant shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth 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 Consultant 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 Consultant shall conform to applicable city, county, state and federal requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant 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 4 f:\groups\pubworks\agmt\98\waiden.doc 03/23/98 0 0 Consultant 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 Consultant, its employees, agents or subcontracts in the performance of services or work conducted or performed pursuant to this Agreement. Consultant 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 Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, Consultant 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, s M groups \pubworks\agmt \98\walden. doc 03/23/98 0 0 its elected officials, officers and employees for all liability arising from Consultant's services as described herein. Prior to the commencement of any services hereunder, Consultant 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 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 Consultant, 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 Consultant 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 One Million Dollars ($1,000.000.00). 6 f:\groups\pubworks\agmt\98\waiden.doc 03/23/98 0 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. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant 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 Consultant, or of the interest of any general partner or joint f: \ groups \pu bworks\ag mt \98 \walden. doc 03/23/98 0 0 venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, 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 Consultant 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 Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. Consultant 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 s f:\ groups \pubwo rks\ag mt \98 \wa Iden. doc 03/23/98 0 0 City shall furnish to Consultant base, maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant 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 Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff, City Engineer 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 Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "A." All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without authorization. 20. RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall 9 f:\groups\pubworks\agmi\98\walden.doc 03/23/98 r • 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 Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 22. MONTHLY INVOICES Consultant shall submit invoices to the City on a monthly basis in accordance with Consultant's schedule of fees contained in Exhibit "A" 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. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving a monthly invoice unless City disputes the amount Consultant claims is owned under this Agreement. 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. Consultant shall not discontinue its work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant 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 io f:\groups\p u bworks\ag mt \96 \walden. doc 03/23/98 0 0 with respect to such matter shall be final. Consultant 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 Consultant'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, Consultant 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 Consultant upon final adoption of the work by the Mayor and City Council, The City reserves the right to refuse to pay all 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 Consultant represents and agrees that Consultant, 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: f:\groups\pubworks\agmtX98\waiden.doc 03/23/98 0 0 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 connection with this project. 29. CONFLICTS OF INTEREST A. The Consultant 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, Consultant 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 Consultant shall indemnify and hold harmless the City for any claims for damages resulting from the Consultant's violation of this Section. 30. SUBCONTRACTING A. Consultant 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. 12 f:\ groups \pubworks \agmt \98 \walden.doc 03/23/98 0 31. NOTICES 0 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 Consultant 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: Bill Patapoff, City Engineer All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Walden & Associates 18012 Cowan, Suite 210 Irvine, CA 92614 Attention: David L. Walden 32. TERMINATION In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in 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 Consultant fails to give adequate assurance of due performance within two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of 13 f:\groups\pubworks\agmt\98\waiden.doc 03/23/98 such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant 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 Consultant 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 parry 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 Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 35. 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. 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 14 f:\groupsXpubworks\agmt\98\waiden.doc 03/23/96 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 Consultant. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: CITY CLERK �!ul� CITY OF NEWPORT BEACH A Municipal orpora��� By: "L Don Webb, Public Works Director CONSULTANT By:4" e >eA L Walden & Associates 15 f:\ groups \pubworks\agmt\98 \walden.doc 03/23/98 0 V & SSOC SOCIATES January 22, 1998 Mr. Bill Patapoff, City Engineer Public Works Department CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 -8915 EXHOIT "A" 18012 COWAN, SUITE 210 • IRVINE, CA 92614 714/660 -0110 FAX: 660 -0418 RE: Newport Harbor Lutheran Church Parcel Map Dear Bill: CIVIL ENGINEERS- PLANNERS -LAND SURVEYORS Thank you for the opportunity to submit our proposal to prepare a tentative and final parcel map to consolidate the Lutheran Church's three parcels. The attached exhibits outline our scope of services, define the project schedule, identify the experienced project team and itemize our fees, all in accordance with your letter dated January 12, 1998. As the civil engineering consultant to the City on the Bob Henry Park and the Castaways Park, adjacent to the church, we feel we have the background and experience to provide the best team for this work. As you are aware we have recorded hundreds of parcel maps over the years and look forward to working with you on this project. We appreciate the opportunity to be of service to you and the City. If you have any questions please do not hesitate to call me. Sincerely, David L. Walden DLW0kdb F-\ W OR nT XY' -ZknT .VA('NR-0 I22:PRP Vk Newport Harbor Lutheran Church Parcel Map January 22, 1998 1. SCOPE OF SERVICES Walden & Associates proposes to provide the following scope of services: A. Research for all available information necessary to prepare a tentative and final parcel map. B. Obtain a parcel map number from the County Surveyors office and prepare a tentative parcel map in accordance with the Subdivision Map Act and pertinent City codes. C. Coordinate with the City, County, Church and others during the processing of the tentative and final parcel map. D. Attend one Planning Commission Hearing on the tentative parcel map, if required. E. Make a boundary survey and set all final monumentation required by the recorded parcel map. F. Prepare a final parcel map based on the approved tentative parcel map. This would include processing with the City and County for approval and making any plan check corrections required. Exclusions: • The City, or the Church, is to provide all title documents used for this work. • The City's title company will provide all radius maps and mailing labels and will obtain tax clearances and Tax Assessor signatures. • The City's title company will provide the necessary preliminary title report and parcel map guarantee. • The City will pay all plan check and recording fees. 0 0 N N a O a` a 0 K O m c 0 N a F o. o m > E E E 6 0 W K K ii Ny a N CC o y N W W W W W W W W W IG W m N t7 l'I N W r W w Y W OI l0 Ol W rn W W_ W m W OI W A W W W �lI W W W � W rn W w W OI W w ii Ny a N CC y N W W W W W W W W W IG W m Q( N L ,p o two d U � W ❑ L Ly O U � L O 'C ❑ a' d £ E m L V a i e E v '° a c ou a U to _ a U c c > b q ~ 8 m N O = O LL ? J p ' m f m a U U m a U U U U m N � � � y1� p H QI ❑ � n � v n w r w w o r O n a QTo n u AM& Newport Harbor Lutheran Church Parcel Map 3. PROJECT TEAM: E January 22, 1998 The team leader for Walden & Associates will be David Walden, RCE and PLS. The project land surveyor will be Todd Arita, PLS, former plan checker at the County Surveyor's office. David Walden will be the person responsible for overall project management and will be the contact for City staff and for public hearings. Todd will be assisted by Jeff Walden, L.S.I.T. and will be responsible for the boundary survey and final parcel map. David Bacon, P.E., project engineer for Bob Henry Park and Castaways Park, will be available for any background on this project having a bearing on the parcel map. This is a very experienced and professional group anxious to work as a team member for the City of Newport Beach. 0 Newport Harbor Lutheran Church Parcel Map 4. COMPENSATION FOR SERVICES: Task A. &B. Research of Tentative Parcel Map CAD. Coordination, processing and hearing E. Boundary survey and final monuments F. Final parcel map G. Miscellaneous clerical support, blueprints, delivery and duplicate mylars See the attached Fee Schedule for current fees. 0 January 22, 1998 Not to Exceed Fee $1,500 $1,500 $2,200 $2,000 $ 500 0 Newport Harbor Lutheran Church Parcel Map STANDARD FEE SCHEDULE The following fees are good through June 30, 1998. $141.00/hr. for Principal $11 0.00/hr. for Associate $95.00/hr. for Project Manager $84.00/hr. for Project Engineer /Land Surveyor $79.00/hr. for Design Engineer/Land Surveyor $74.00/hr. for Engineer/Land Surveyor $67.00/hr. for Assistant Engineer/Designer/Land Surveyor $58.00/hr. for Senior Draftsman $46.00/hr. for Draftsman $152.00/hr. for 2 -man Survey Crew $191.00/hr. for 3 -man Survey Crew 0 January 22, 1998 Expert Witness Deposition and Trial Testimony billed at 1 1/2 times regular billing rate. Reproduction, deliveries, additional insured endorsements and other reimbursables will be surcharged 10% and billed in addition to the above rates. DATE NMr)DIM 0211119S PRODUCER -- �- ^". THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Deasy, Borden A, Associates License #0020738 - HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCHES BELOW- COMPANIES AFFORDING COVERAGE 3 Hutton Csntre Suite ISO ^ O� Santa Ana CA 82707 COMPANY A American Motorists Ins.Co INSURED COMPANY Orange County Malden, Inc. B COMPANY C dba: Malden and Assoclates 18012 Cowan Suite 210 Irvine CA 82814 COMPANY D Ct1URAGES, ': '.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EX LUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Go LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MAVDO/M POLICY EXPIRATION GATE (MA4DD/M LIMITS GENERAL WIBRRY GENERAL AGGREGATE s PRODUCTS - COMP/OP AGG s COMMERCNL GENERAL LIABILITY CLAMS MADE ❑ OCCUR PERSONAL S AOV INJURY s EACH OCCURRENCE s OWNERS 6 CONTRACTORS PROT FIRE DAMAGE (Aj me ee) s MED EYP (Arty me Rerw) s AUTOMOBILE LIABILITY COMBMED BMW LMT s ANY AUTO � BODILY INJURY (PW perw) s ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per axidmd s HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE S GARAGE LIABILITY AUTO My - EA ACCIDENT S OTHER THAN AUTO ONLY ANY AUTO s 4 s EXCESS LMBLITY EACH OCCURRENCE s AGGREGATE s UMBRELLA FORM s OTHER THAN UMBRELLA FORM WORIERS COMPENSATION AND X WC STAN- OTH- EL EACHACCIOENT s 1,000,000 A LIABY EMPLOYERS IJT THE PROPRIETOR/ PARTNERSEIECUTNE INCL OFFICERS ARE EXCL 7CW23515207 09/01/97 09/01/98 EL DISEASE - POLICY LIMIT is 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 OTHER PROJECT: PARRCCEELR MAP FOR NEWPORT HARBOR LUTHERAN CHURCH *EXCEPT 10 -DAY NOTICE FOR NON PAYMENT OF PREMIUM CITY OF NEWPORT BEACH, ITS ELECTED OFFICIALS, OFFICERS AND EMPLOYEES ARE INCLUDED AS ALTERNATE EMPLOYERS ,:. ... : : ...a: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF NEWPORT BEACH ATTN.- LUCI SERLET E1PIRATION DATE THEREOF, THE MUM COMPANY WILL ENDEAVOR TO MAX 30 DAYSWITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 3300 NEWPORT BLYD. NEWPORT BEACH CA 82000 BUT FALIFE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR -UauTY OF ANY XMD UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AlffI10R® E<C P:<RC:EvSn O m RGOAD2S.S.. ......:..:�.. .:: � t t . C.n.<. n.a o >,:..:v. :.':n ., .:.s.:.aa>:m�. a:.@: «.i... :... •s f •:. <•C>:.C..'C.:. %..>.::c.C' i Ni: C;.•.>•.. a: Y. n5: :<.Y.n: <..:.nw,�e>. : < ' (. n : < .:.i: ,> .KvRn >ETaNxbTA : >�C , ::V'n'. >: <. >.:::.. <n:.. :;•:F:: »n »:CY. a:. :y >;YCN>Y � ' C52 A o X ....... 2/17/1998 PP40UCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE %-kdreini & Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 400 Von Barman Ave., Ste lCY01, i ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92612 714-474-0210 COMPANIES AFFORDING COVERAGE License No. 0208825 CONIPANY A CONTINENTAL CASUALTY COMPANY INSURED COMPANY WALDEN & ASSOCIATES B COMPANY 18012 COWAN, SUITE 210 C COMPANY IRVINE, CA 92614 D RENIM THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co LTR I TYPE OF INSURANCE POLICY POLICY KURIISER EFFECTIVE DATE (MVAXWM POLICY EXPIRATION DATE (MINDONY) LAM GENERAL LIABILITY GENERN. AGGREGATE S PRODUCTS - COMPIOP AGO Il COMMERCIAL GENERAL LIABILITY 7 CLANS MADE 7 OCCUR PERSONAL & ADY INAIRY $ EACH OCCURRENCE S OWNERTS & CONTRACTORS PROT FIFE DAMAGE (AM one tko) $ MED SIP (AM one Person) 5 AUTOMOBILE LIABILITY COMBwED sNw Lwrr 3 ANY AUTO BODILY NJJRY ft PeIwl 3 ALL OWNED AUTOS SCHEDULED AUTOS BODILY KAM (Per 5=xlwo $ HIRED AUTOS NON-OWNED AUTOS PROPEIM DAMAGE S GARAGE LVIBLRY AUTO ONLY - EA ACCIDENT 5 OTHER THAN AUTO ONLY. AHY AUTO EACH ACCIDENT AGGREGATE 3 EXCESS LIABILITY EACH OCQl1aENCE S AGGREGATE 3 I UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND &STA La I IT S_ EACH ACCIDENT EMPLOYEW LIMILITY EL DISEASE - POLICY LNIT THE PROPREM PARTNERSoSCECUTIVE EL DISEASE - EA UAPLOYEE OFFICERS ARE EXCL OTHER A PROFESSIONAL AEN113773655 10/29/97 10/29/98 EACH CLAIM $1,000,ODD LIABILITY AGGREGATE $1,000,000 DESCRIPTION OF OPISIA7100181JOCATAINIVVEIRCLESISPISCIAL ITEMS PROFESSIONAL LIABILITY DEDUCTIBLE $10,000 PER CLAIM. PROJECT: NEWPORT HARBOUR LUTHERN CHURCH - PARCEL MAP *EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM. .......... ­00�. x.X SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEI'M BEFORE THE L Y OF NEWPORT BEACH ID[PIRKTION DAM THEREOF, WE OWING COWANY WILL ENDEAVOR TO VAL ATTN: LUCI SERLET *30 DAYS WRITTEN NONCE To THE cwwCAYE MOLDER "Amw m WE LEPr, 3300 NEWPORT BLVD. BUT FAILURE TO MAL SUCH NOTICE SHALL IV= NO OBLIGATION OR U&BILITY NEWPORT BEACH CA 92660 OF ANY IOND U" THE COMPANY, US AGENTS OR RERRESEIRTATTIRDL AUlHOFUlZD RFPRFSENTATLYE 0 0 CERTIFICATE OF INSURANCE This certifies that ®STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois insures the following policyholder for the coverages indicated below: Name of policyholder Address of policyholder Location of operations 18012 Cowan Suite 210 f', 30 CIA C i POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date Expiration Date LIMITS OF LIABILITY ❑ Comprehensive ...... ......................... . . . . .. ------------------------ General L iabil ay.... ..- ........................ - - -- ........................ BODILY INJURY ❑ Dual Limits for: ❑ Manufacturers and Each Occurrence $ ....------ ---- --....- ------ ----Contractors Liability---- .. ;-------- ----........ Aggregate $ ❑ Owners, Landlords, PROPERTY DAMAGE and Tenants Liability Each Occurrence $ This insurance includes: ❑ Products - Completed Operations Aggregate' ❑ Owners or Contractors Protective Liability ❑ Contractual Liability BODILY INJURY AND PROPERTY DAMAGE ❑ Professional Errors and Omissions ❑ Combined Single Limit for: ❑ Broad Form Property Damage Each Occurrence ❑ Broad Form Comprehensive General Liability Aggregate CONTRACTUAL LIABILITY LIMITS (if different from above) POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date � Expiration Date BODILY INJURY Each Occurrence Auto P43 0948- A01 -75 Liability Coverag 1 -1 -98 7 -1 -98 PROPERTY DAMAGE Each Occurrence Aggregate EXCESS LIABILITY BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑ Other Aggregate $ Part 1 STATUTORY ❑ Workers' Compensation Part 2 BODILY INJURY and Employers Liability Each Accident $ Disease Each Employee $ Disease - Policy Limit $ -Agg,a,ate M a 0kA II Ow . Larft "Tenants LiaLility Insurerce evcluOn stw urel aHerabg . R ¢ str C j , p MMCR 7,. THIS CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS, OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holder • Additional Insured: The City of Newport Beach, Its Elected Officials, Officers, And Employees 3300 Newport Blvd. Newport Beach, CA Attn: Luci Serlet F899110 e . "l RnteG n USA. I ca T- Sgnelure MAN aize0 RerremMelNe Agent Thk 3 -27 -98 ate 92660 Agent's CoOe Stamp MATT KELLY 8390 SANTA ANA F418 k LDEN & SSOCIATES March 26, 1998 • 18012 COVAN, SUITE 210 • IRVINE, CA 92614 714!660 -0110 FAX -. 660-0418 CIVIL ENGINEERS- PLANNERS -LAND SURVEYORS Ms. Shauna Oyler Executive Secretary CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92660 RE: Newport Harbor Lutheran Church Parcel Map Dear Shauna: v,. 3 1 I am returning the signed Professional Services Agreement for this project. The insurance certificates are attached. We appreciate the opportunity to be of service. Thanks. Sincerely, `/ / David L. Walden DLWUkdb Enclosure F: \ W ORDDOCS\DL W \CNB -0326. LTR ACORD CERTIFICA OF LIABILITY INS LO D Tof Dm) B PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ACEC /J &H Marsh & McLennan, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR "I Market St, Ste. 2600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Louis MO 63101 -2500 COMPANIES AFFORDING COVERAGE COMPANY PAae No. 800 -648 -7631 Fum. -621-3173 1 A Hartford Insurance Company INSURED COMPANY B COMPANY Walden & Associates C 18012 CDWan, Ste. 210 Irvine CA 92614 -6810 COMPANY - D _ COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDNY) POLICY EXPIMTIOP DATE (MM/DD/YV) LIMITS GENERAL LIABILITY GENERAL AGGREGATE S 2,000,000 X PRODUCTS - COMP /OP AGO $ 2,000,000 A COMMERCIAL GENERALUABILITY 84SBXEU4161 11/01/97 11/01/98 CLAIMS MADE T OCCUR PERSONAL &ADV INJURY $ 1 000 000 EACH OCCURRENCE S 1,000,000 OWNER'S& CONTRACTOR'S PROT X FIRE DAMAGE (Ary. lira) $300,000 CONTRACTUAL LIAB. X XCU COVERAGE INCL MEDEXP(Anya perwn 510,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO BODILY INJURY (Per pen ) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY Uw.s m) 5 HIRED AUTOS NONOWNED AUTOS PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY- EA ACCIDENT S OTHER THAN AUTO ONLY: .... ANY AUTO EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE 5 AGGREGATE 5 UMBRELLA FORM S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMI OTH- RLIMITS •R EL EACH ACCIDENT S THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EL DISEASE - POLICY LIMIT S EL DISEASE - EA EMPLOYEE S OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS4.00ATIONS/VEDICISSF ECIAL ITEMS RE: CITY OF NEWPORT BEACH ITS ELECTED OFFICIALS OFFICERS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INgURED TO CGL AS RESPECT§ WORK PERFORMED BY NAMED INSURED UNDER NEWPORT HARBOR LUTHERAN CHURCH CERTIFICATEHOLDER .. CANCELLATION NEWPOQI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, CITY OF NEWPORT BEACH ATTN: LUCI SERLET BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3300 NEWPORT BLVD. OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORI2EDBE nve 0. NEWPORT BEACH CA 92660 ACORD 255 (i /95); +: .. •` .: ' ACORD.'CORPORATtON 1988 -:. March 24, 1998 CITY OF NEWPORT BEACH David L. Walden Walden & Associates 18012 Cowan, Suite 210 Irvine. CA 92614 PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443311 RE: Newport Harbor Lutheran Church Parcel Map Dear Mr. Walden: Enclosed is another copy of the Professional Services Agreement pertaining to the above referenced project. Please execute the document and return to me. Upon execution by the City, a copy will be returned to you. In addition, please attach insurance certificates and endorsements in accordance with Section 13 of the Professional Services Agreement. If you have any questions, please contact me at (714) 644 -3311. Sinc ShGGy, C LGr �G auna Oyler Executive Secretary cc: Project File /Correspondence File (:\groups \pu bworks \castaway\!- walden 1. doc 3300 Newport Boulevard, Newport Beach r ..: -6.60 -0416 .. ACOR � w,bp�CYl. '- dreir.: & Company 400 V ti Karman Ave., St.a 1.10 lzvine, :'A ),:612 714- 974 - 1210 Licenne. No. 0208825 WALDEN ASSOCIATES =gig PO4 MRR 23 '98 16:13 DATC THIS CERTIFICATE 18 ISSUED AS A MATT(A OfT INFORBIATION ' ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_ THIS CERTIFICATE DOES NOT AMEND, EXTEND OA ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, COMPANIES - AFFORDING COVERAGE GOMrAx, 4- A___ CONTINENTAT CASUALTY COMPPITY .... . C -- 1 B IcrxArANr 1801:. C' WAN, SUITE 210 IRVTINE, CA 9261.4 �•a/!a(rAiiGD" .,...r .:.. � .. >:' t £".t «Q�'.� .sm.,; *�,�a re ,f ».W..�Ci+. .�?P.Y.{'$'S%y:. �A'a"p.,irYd.' "���`, Li y c r? J• • ^•r •si THE POLICIES OF INSU ?ANG.E US`1 i BELOW HAVE BEEN ISSUED TO ME INSURED NAMED ABOVE FOR THE POLICY PERIOD INC::;AIFi, ...si;TA,NOING ANY REQUIREMENT, 7F:dd OR iXTI! I IQN OF ANY CONTR44;T OR OTHER DOC'U'MENT WE01 RESPECT TO WHICH THIS Ci '4•1'••:nT<: ".S''.IED OR MAY PERTAIN, T: -�.' USIIR:J�t':. A'' OPOEC BY THE ROUGES CESCRIBtD 4EFCN 15 SUBJECT TO ALL THE TERMS. EX yNS OF SUCH POUCIEI UvITS SIAZY N M 4 HAVE BEEN REDUCED BY PAID CLAIMS. 'J ! LYYC N91i =AMCE It;•LN:Y 4UMMgT POOY Eg E Ii POILICY EA OAT (1WDD"Y) DATE ItEVfflOrM i LYETE OINCAAA LMO+- OENUVI. 43WftATE Is _. NLIr .JD A '.J.Bi1.i1Y .. ' I aEOOUCB 0 ONPA7P AOO ' E ._ w:un I ( PFP304AL. 0 AOV'NA)m E FVIF DAMAGE (Am, d N:a) I _ 1 MLU EY➢ (An a,4 0e ) t CfjNBINF9 $WGLE LIMB E i .'XILY yWRY .__`•___ �_._. 1 i � � 0004E 1P:ArPr 1 _ { %'+VrFi'TTY 04'AMiI: ._ ' ....__. I O.,UrU3E LLUR: NJTO ONLY - EA ACCPIENT omi;i TBAN AUTO ONLY: tCCIDE?fT t _, + I AO:.iREOAIE I EACEn tVMRir. ! EAQI OCWPP£TC:. E 1 AOIMEOATE WC`aAt3iY !.Uta,- v•*rw AM. I 1 1TT$i..{:M�,... Oat. 1T7•i WL I ; --..r 1 El EAG1 aC000n _.. Ems_._ D19AR - POLRY LJM'l I :)Ni.i �AFN717TtS66; 10/29/97 10 /29 /98JEAr -H CLAIM S100,0OD (AGGREGATE S1,000,DW .:A►TYrN Or pPOir +.iMiN.Dt'ATWISUrEMO1E89PECMl woo . 'ROFFSSTi.:FAL LZANILITY DEDLtC'TZH7.�' - $10,000 PER CLAIM. 'k03P1!77: NEWPORT HARBOUR I.UTBERNw .:A -TRCH - PARCEL MAP EXCF.i'T ` F''.kYS_WOR NON-PAYK NT 01" PRBMZTJM, .Y OF' BEACH iN: LUc.'; SERLET 10 Nis'WPc '^ P•_-TTD. 7PCB;' 3E 'F? ''F. 512660 ' ND ::2b•8�;41651.__..� :.........:: : r'.,.a�.u�.�iB" G�._.. _., :,_.`. $NOu%D ANY nF Y F. 4BOYE DucNe® POLKBt$ B4 OAMCDJ., BESOAE THE CLMAM4 OA'L' TNEALOV, Y4L %t UpO COi1DAM! *RA OIOEAEULT TO MIL ,..'30._ DAY$ WMRTPM MOM. F. TO ':l!E COORM:AT1 MOWM "INW W TM1 LOT, O'JT IAEURC TO YAIL $UC!I NOME WALL UPOW RO OBLMTON OR We \M OF ANY RWJ UPON THE MWAMY. " AOEM OR R9"VWCrAT!VM '1:2 16:12 IT ',jfm-uHA"f-"A RATE JUMDO/M THIS CER71FICA4 I SZ�t ED AS A MATTER OF INFORMATION SU ONLY AND CONFERS NO RIGHTS UPON THia Ucone- #0020730 t I HOLDER. ir.�Jm KitArIO" COPSM Suite 450 THIS CERTIFICATE DOES NOT AMEND, EXTEND OR & Santa 4ps CA 92707 AlOaANMIF AFFORDING �AQE CCmpAmY A American motorists lni*•C, Cowmy O,mnu. Gou.ty Walden, Int. dba; $I aldere and Associates 10012 r6wart Ulte 210 COMPANY imre CA 92914 C D TVUMIT� TH , F POLICIES OF lNS.;RA.NC[ LJ�T,13 61CLOW HAVE BEEN ISSUFO To �E pis(isl 0 NA&117.0 AsavE F. ANY REQUIREMEtiI, rErim (>8 0:-) Ne Pc)6�y PEP100 CON N'ION OF My CONrAAGT OR OTHER UOC'JMrNT WITH RESPFCT To WHICH THIS 1 50E OR MAY PMAlN. 7`� INSURV4i., BY 'HE Pa"ClES OESORIPED HEREIN QS SLIe-LECT C�l AL'. THE TEOW, 4 LIC11113 ... �tWl'-qt:;JWN MAY 4,AM_M-N qjQjE(, -ED f PALQ TPOLUCY WiFLATION 'LTA p4N Cy N(,Qh.4y. IMCT" I DATE DATE ivMlDDjil.) 3W ENAL AGdREQATF y" ;F DU C�W�E AD I OCCUR ;04 ADV NJURV i PROF EACH o CC0111i -- 3 —�j ... ... i MEO "cuu(NED SINGLE umff $ 900ILV 'INJUPY . .......... — ---------------------- IPA, woobhq PROPERlIf OAMAIX - - - - -- i _ - _........ — -------------- EA 4CC;ODn I. All . . .... 4141m I 40GRECIAM x A Mc, OFSEASE WFT POLICI L EACL 1,000, 000 • CISEA56 . FA EMJILCI;��s 1 000 000 . SU Aaa' KAY I 111P Ni HARA LIJTn5RAN •EXCEPT 10•DAY NOTICE FOR U04 PAYMENT OF PREMIUM IT$ ELECTED OFFICIALS (:rFlCRS "i-j EMPLOYEES EMPLOYERS III 7 . w%, FROULD ANY OF IME ADO, CESCA( HE CANC&,ED BITORF THE. CITY OF hirWPORT 89ACH G t- aIRAPON OArE THEREI.T. TF ATr"l LUC SEKLET tISU,No c.z)WNy yUi_ ENDEAVOR To MAIL 3900 NgWf'-,)XT BLVD, J.Q-DAYS- Rrrlo hoF8,E To D, CF'NFIF;Cq'IE MOLDER NAMED TO WE kE`L IVCWPDXr 04ACFI CA 9266D ItAJL SUCH 1CMCE 31'Ai-k YnSE NO (IBLIGAItON OR L"IWT Cf 1040 THE COMPANY rN C;'TDS OF s+tivt : r, C'EXTINICAW Of PPUi.. t F k ACL(:;j &h Mn- - .S V(Lennan,, In0 .. MC .. .. • 25::C 0 -...E 'n;?. Tu NP. B&8- 621; 3177 — MAR 23 ' 9© 16:12 LIABILITY INSI N4j�6o , Day/ o; Bnr Y) j - THIS CF'.RTIFICATE IS 197, fF.D AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS C'BItTIVICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TIRS POLICIES BELOW. COhD'APITHS AFFORDIVG COVEP.AGE COMPANY A Hartfcrd lnsu�an<e Company COMPANY B ! COMPANY _ - -«_ —_ �nl (1e 1 A•.eac:btPO C I8o12 r•uA'• Ste. 2IO I COMPANY 1 ;,vin: -A +:61: 6810 D I('nVF.RAGEi l'i kT THE POLICIES OF INSL!kAA( F LI'.TVD !'.SLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD >'d'.'•'•' arEi 0 a �'HS I',ANO N ING ANY REQUIRTM,' TEF1S :)L DNDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS • ( R'!n(A %I A., "I i'SUFT) OR MAY PERTA!F -''-f IN' 1.;:_A`. ". I AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIE TERMS. 1, : N. '4TlG.NS OF SUCH POLI( N MAY HAVE BEEN REDJCE.D BY PAID CLAIMS. MMrDD/9YE LIMITS - - -� _._ _.�. DATE DA IT IAUI/DDM1!1 )y ___�.__i _��_._.._ ' --"'_ ~.f VrP IL- :.�•�y � GENERAL A66REGAIB 32'.300,000 - A h I, I.IARILOY 84$BREU47.5 + 11/01/97 11701/98 C!MPd1P All 2000, 000 rPAVDJCiS- Y OCCUR 1 PER40N tLSAD_INIURY Ill 1,OOD 000 1 000,000 ' -.:A IAB 1 r1RL OAMAGG n y Onl (T jQU�00D A vu -C R] -; IN L : 1 MED EJ(f (A KWh) S 10 LOO .. __.. _ —__ _��... __ —.__ ._. -._� - ._._--- ,•w- --- .._.........._ _ -ter- -.�.�- .— � - OMRINED $!NGL$(.IMD T • ' Ow" BODILY INILIR- : 3 • . . {vn. �imnn ._ 1 � i � ?ROPF.RTY GAHAOB s`m ` ^' - -- >Y: LI' - � I �_ AVIYI ONLY -EA ACCIOEM IS j + ?( >L I orNER TITAN AUTO ONLY. -- t EACH ACCIDENT ... _ - - --,..— f �AGGPEOATE 3 .w Ilar- •> EACH OCCURRENCE T AeHl EL EACH ICCORNI 1 fl, Rp, I - INCL (GI \EASE PiurY_LuvT 3 > r1 EXCL E DI%EASE EAEMPLOYEE I 'ffiCRiFl10•. OP Ur ..:.. W. 4aP.' 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CA 92660 rL'T )IOAI2ED MEPXrak.NTAn �VEL 11 �J�_ -��_ "REND A AGENDA •11 `� PRINTED " <; NEWPORT HARBOR LUTHERAN CHURCH February 13, 1995 Susan Kirlin- Hackett Bill Kirlin- Hackett Pastors City of Newport Beach RECE1VCa Peggy Skeen City Council o 135 Office Manager 3300 Newport Blvd. PO Box 1768 ��{'/vlvyk Newport Beach CA 93659 -1768 tMof H William Wells mrnwer of Music and Organist Dear City Councilpersons, (714) 548 -8004 Dawn Bent With the Irvine Co. withdrawal of Concept 2 for the Prescnooi Director park design of the Castaways, we are returned to the (714) 548 -7198 Negative Declaration approved in November 1994 by the Planning Commission and now considered by the City Council. Several issues remain unaddressed to our satisfaction.. As mentioned in a letter (attached) to P. Temple dated 11/9/94, we remain concerned about being able to view landscape plans for the housing project as it borders our property. No review is currently assured. Further, we remain confused about our frontage and the widening of Dover Drive, and any conveyance necessary. Don Webb has been kind to tell us how it might happen, but we require something in City Council minutes that forms a more permanent agreement. Additionally, Planning Commission Exhibit A, Findings and Conditions for Approval, Tentative Tract Map No. 15012, item 23, should include much clearer mitigation instructions to preclude possible effects upon access to the church and the condition of 16th St. due to construction access. What remains of greatest concern to us are plans for active and passive park parking. Given that these are public parks and the Coastal Commission has been clear about the need for parking and access, we encourage you to proceed with fulfilling these needs in spite of the pressure exerted by some neighbors to the site to renegotiate what has already been approved. We are definitely going to be impacted by citizens seeking the most common parking to both sites, especially if the passive site has inadequate or no parking. Don Webb made rough guesstimates of the active park usage and expressed some small measure of confidence in the adequacy of the current plan, but we 798 Dover Drive, are unconvinced without a better examination. We are Newport Beach, well aware of people's tendency to park the nearest California 92663 (714) 548 -3631 and shortest distance. And we remain clear about preferring to stay out of the long -term parking business. Don Webb mentioned to me the suggestion of shared use of our lot. I told him that no one has formally proposed that, possibly because it would be to admit the parking is going to be a problem. We would welcome conversation about shared use to give us the opportunity to consider it and respond. Still, we think the parking as proposed for the active site is inadequate to minimally adequate at times, and the passive park parking must not only exist on site but be adequate to serve the public need. I realize that some of the public pressure that has been put upon you has made your proceeding with the basic details of this project much more difficult. I thank you on behalf of the congregation for your continued consideration of us as to this project's impact. This letter is sent to remind you of issues we were able to bring before the Planning Commission in November, and for which we still seek agreements prior to the Council's order to proceed full steam ahead on the park development. With our thanks for your work, Respectfully, '� Reverend Bill Karlin- Hackett <6K NEWPORT HARBOR LUTHERAN CHURCH Susan Kirlin- Hackett Bill Kirlin- Hackett Pastors Peggy Skeen Office Manager William Wells Ministerof MUSic and Organist (714) 548 -8004 November 9, 1994 Patricia L. Temple City of Newport Beach Planning Department 3300 Newport Boulevard, PO Box 1768 Newport Beach CA 92659 -1768 Dear Ms. Temple, Dawn Bent We are appreciative of the time you've given Preschool Director us over the past few years to keep us clear (714) 548 -7198 on the development of the Castaways project. With the publication of the Staff Report for the Planning Commission meeting on Nov. 10, 1994, with reference to the Tentative Map of Tract No. 15012 and Site Plan Review No. 71, we feel it is now time to clarify several concerns that could not be raised until the Map and Site Plan were officially presented for review. One concern is the landscape plans for the project as it borders our property. Exhibit A of the above report, page 13, 438, does not include Newport Harbor Lutheran Church (NHLC) for reviewing these plans on our property border prior to their placement. Another concern issues from comparing Exhibit F, CIOSA, paragraph 2, with its mention of conveyances to NHLC, and parts of the current Staff Report, such as Exhibit A, page 12, 421. We are confused as to who will make present agreements with NHLC about the future of our Dover frontage, since The Irvine CO.(TIC)is responsible for frontage prior to any construction, and the City is responsible for the same frontage later. This also causes us to wonder about the vague timetable for Dover widening and improvements. A further concern has to do with our loss of view across the bluffs to the unique vista beyond. This loss is quite significant and could not be addressed by us until the 798 Dover Drive, Newport Beach, Califomia 92663 (714) 548 -3631 wraparound design completely precluding our view was forwarded for approval. Nowhere have we seen either a description of this concern nor a mitigation of it. Given the nature of coastal view protection for the public as well as for private landowners, and further, given how the housing project has moved eastward on the Castaways, thus preserving Cliff Haven homeowner vistas, we feel address of this concern is being seriously overlooked. As I said above, we've appreciated the continuing willingness of the City and TIC to hear and address our concerns. To help make these clearer, we have asked the firm, Drew and Rogers, to attach more specific comments to this letter regarding this Planning Commission review, all in the hope that as this project proceeds a pattern of neighborliness may continue to be evident. We will be present at the Planning Commission Meeting to report our submission of these concerns and to respond to any questions that may surface in response to these concerns. We anticipate your continued consideration of the project as it affects those nearby. With our thanks, Respectfully, Reverend Bill Kirlin- Hackett