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HomeMy WebLinkAboutC-3168 - Planning Services - Newport Coast Annexation11I ts/ecl /k's %,I1 C,'ul tst III, IIIi . . 21 Years of Excellence, 1976 -1997 File: P594 October 17, 1997 Ms. Peggy Ducey CITY OF NEWPORT BEACH City Manager's Office 3300 Newport Boulevard Newport Beach, CA 92663 SUBJECT: Proposal for Planning Services - Newport Coast Annexation Dear Peggy, Based on our discussion, Project Design Consultants is pleased to submit a proposal to assist the City of Newport Beach to annex the Newport Coast. Project Design Consultants (PDC) is a 21- year -old firm that provides comprehensive planning, engineering, and surveying services which range from conceptual planning to detailed engineering design. As discussed in the enclosed brochure, PDC has been responsible for master planning numerous large -scale development projects in a variety of jurisdictions. PDC, currently with a staff of 78, can provide you with experts in a variety of fields. One of the firm's specialties is work related to Local Agency Formation Commissions (LAFCOs), which - as you are aware - oversee changes in municipal boundaries. I would act as the project manager for this effort. Our vantage point as a consultant to LAFCOs, cities, special districts, and property- owners /developers gives us a well- rounded understanding of the major players in the LAFCO process. In the past several years, my services have been retained by a number of public and private clients to assist them with LAFCO issues. Clients have included the Orange County LAFCO, San Diego LAFCO, City of Santee, City of Vista, North County Fire Protection District, Stephen Bieri Company, Pardee Construction Company, and the City of Escondido. In 1994, the San Diego Section of the American Planning Association awarded a Focused Planning Award to the City of Escondido and Project Design Consultants for a Sphere of Influence Update Study. It is the only time that a LAFCO- related study has been honored. 11R01P594L7R.D0C CO `tt:mNIAl WWI! I.ntui u�:nuh>o-'pu��nJe� m_.ow 9 0 Mr. Peggy Ducey October 17, 1997 Page 2 Prior to joining the private sector, I was employed for 4'/2 years as a Senior Staff Analyst for the San Diego LAFCO. During that time, I reviewed several of the largest and most complex annexation proposals in the state and prepared numerous Sphere of Influence studies. My past work has included processing several large inhabited reorganizations, such as the Montgomery annexation to the City of Chula Vista, which included approximately 25,000 residents. The proposal was complicated because of the concurrent dissolution of several community -based special districts and controversial because of a competing incorporation proposal. I look forward to meeting you and assisting the City to annex an area which is a significant part of your future. The enclosed proposal offers services from initiation of the annexation through recordation, with one exception. LAFCO customarily requires a metes and bounds legal description of the annexation area as part of the application for a jurisdictional change. Although the attached scope of services does not include this item, our survey /mapping department can provide the City with a separate proposal, if you do not have the required legal description. If you have any questions, please feel free to call me. Sincerely, MA,-- Richard L. Miller Assistant Vice President Enclosures PRO/P594LIR.D0C California C•cil of Civil Engineers & Land Surveyors 400 Capitol Mall, Suite 232, Sacramento, CA (916) 444 -3060 Fornt BM 82 -IA ® 1973 by California Council of Civil Engineers and I,and Surveyors P594 STANDARD FORM OF AGREEMENT BETWEEN CLIENT AND CONSULTANT AGREEMENT entered into at San Dieeo. California made this 17th day of October , 19 97 , by and between CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach CA 92663 hereinafter called "client," and PROJECT DESIGN CONSULTANTS 701 B Street Suite 800 San Dieeo, CA 92101 hereinafter called "consultant." Client intends to have consultant prepare and process annexation application hereinafter called "project." The present record owner is: Name: N/A Address: The lender is (if none, state below): Name: N/A Address: Client and consultant for mutual consideration hereinafter set forth, agree as follows: A. Consultant agrees to perform the following services: Prepare and process a LAFCO application for the Newport Coast as further defined in the attached Exhibit 'A' Scope of Services. B. Client agrees to compensate consultant for such services as follows: For a fixed -fee amount of $10,000 and a time - and - materials budget of $14,500, as further described in Exhibit 'A' attached hereto and made a part hereof C. Client has read and understands all the Standard Provisions of Agreement set forth on the reverse hereof and the Exhibits hereto, and agrees all Standard Provisions and Exhibits are a part of this Agreement and are binding on client. sent a;n;nats D. Client and consultant agree that the late payment charge provided for in Paragraph 33 of the Standard Provisions of Agreement shall be 12% per annum or the maximum provided by law,client's initials whichever is less. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this agreement upon the terms, conditions, and provisions above stated, the day and year first above written. CONSULTANT: PROJECT DESIGN CONSULTANTS BycQ�P Ric Miller, Assistant Vice President Y Th pas -W. Blessent, AS4, ice President CLIENT: CITY OF NEWPORT BEACH By (SigW6turtiK Name KC`7 ice✓ %. I'll v /,"', (Print) Title 114117/,I PRO/P594SFA.DOC Page 1 of 3 • • STANDARD PROVISIONS OF AGREEMENT Client and consultant agree that the following provisions dull be part of their agreement: 1. This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of client and consultant, 2. This agreement shall not be assigned by either client in consultant without the prior written consent of the other. A. This agreement contains the entire agreement between client and consultant relating to the project and the provision of services to the project. Any prior agreements, promises, negotiations or representations not expressly ad fortis in this agreement are of no force or effect, Subsequent mmdificatioru to this agreement shall be in writing and signed by both client and consultant. 4. ComultanPs waiver of any term, condition, or covenant, or breach of any tenn, condition, or covenant, shall not constitute the waiver of any other term, conditiom, or covenant, in the breach of any Giber Won, condition, or covenant. 5. If any term, condition, or covaant of this agreement is held by a court of competent jurisdiction nn be invalid, void or unenforceable, the remaining provisions of this agreement shall be valid and binding en client and consultant, 6. Consultant is not responsible for delay caused by activities or factors beyond consultant's reasonable control, including but not limited to, delays by reason of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of client to famish timely information or approve or disapprove consultant's work promptly, faulty performance by client or other contractors or governmental agencies. When such delays beyond consultant's reasonable control occur, client agrees consultant is not responsible in damages nor shall consultant be deemed ta be in default of this agreement. 7. Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, and building permits. 8. Consultant shall only act as an advisor in all governmental relations. 9. If client institutes a lawsuit against consultant for any alleged negligence, error, omission or other failure to perform, and if client fails to obtain a judgment in clicoVs favor, or if the lawsuit is dismissed, or ifjudgmmt is rendered for consultant, client agrees to pay consultant all costs of defense, including attorney's fees, expert winnow fees, court costa and any and all other expenses ofdefense. Such payment shall be made immediately following dismissal ofthe use or upon entry ofjudg rot 10. If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled m reasonable attorney's fees, which fees may be set by the court in the same action or in a separate action brought for the purpose, in addition nn any other relief to which he may be entitled. 11. Client agrees that in the event client instimtu litigation to enforce or interpret the provisions of this agreement, such litigation is to be brought and adjudicated in the appropriate court in the county in which consultant's principal place of t msincas is located, and client waives the right to bring, try or remove such litigation to any other county orjudicial district. 12. All original papers, documents, drawings and other work product of consultant, and copies thereof, produced by consultant pursuant to this agreement, except documents which are required to be filed with public agencies, shall remain the property of consultant and may be used or disposed by consultant without the consent of client. 13. All services provided pursuant to this agreement may be used by client only for the project described on the face hereof. 14. Client and consultant agree to cooperate with each other in every way on the pmjecL 15. Upon written request, client and consultant shall execute and deliver, or cause to be executed and delivered, such additional instruments and documents which are necessary to perform the terms of this agreement- 16. This agreement shall not be construed to alter, affect or waive any lien or stop notice rights which consultant may have for the performance of services pursuant to this Agreement- 17. If payment for consultant's services is to be made on behalf of client by a third -party lender, client agrees that consultant shall not he required nn indemnify the third -party lender, in the form of an endorsement or otherwise, as a condition of receiving payment for services. 18. Consultant makes no representation concerning the estimated quantities and cost figures made in connection with maps, plans, specifications, in drawings other than that all such figures arc estimates only and consultant shall not be responsible for fluctuations in cost factors. 19. Consultant does not guarantee the completion or quality of performance of contract or the completion or quality of performance of contracts by the construction contractor m contractors, or other third parties, nor is he responsible for their acts or omissions. 20. Consultant makes no warranty, either express or implied, as to his findings, recommendations, specifications, or professional advice except that the work was performed pursuant to generally accepted standards of practice in effect at the time of performance. 21. Consultant makes no representations concerning soil conditions unless specifically included in writing in this agreement, and he is not responsible for any liability that may arise out of We making or failure to make soil surveys, or subsurface soil tests, or general soli testing. 22. Estimates of areas provided under this agreement are not w be considered precise unless consultant specifically agrees to provide the precise determination ofauch areas. 23. In the event that changes are made in the plans and specifications by client or by any other person other than consultant, which changes affect consultant's work, any and all liability arising out of or resulting from such changes is waived by client against consultant, and client assumes full responsibility and liability for such changes unless client gives consultant prior written notice of such changes and consultant consents in writing to such changes. Client agrees to indemnify consultant against any and all liability, loss, costs, damages, fees of attorneys and other expenses which consultant may sustain or incur as a result of such unconsenled changes. 24. Client agrees not to use or permit any other person to use plain, drawings, or other documents prepared by consultant, which plans, drawings, or other documents are not signed by consultant. Client agrees to be liable and responsible for any such use of unsigned plans, drawings, or other documents not signed by consultant and waives liability against consultant for their use. 25. Consultant has a right to complete all services agreed to be rendered pursuant to this contract. In the event this agreement is terminated before the completion of all services, unless consultant is responsible for such early tnmimalion, client agrees to release consultant from all liability for work performed. 26. If client fails to pay consultant within thirty (30) days after invoices are rendered, client agrees consultant shall have the right to consider such default in payment a material breach of this entire agreement, and, upon written notice, the duties, obligations, and responsibilities of consultant minder this agreement arc terminated. In such event, client shall promptly pay consultant for all fees, charges, and services provided by consultant. 27. Client agrees that consultant will not perfomm on -site construction review for this project unless specifically provided for in this agreement, that such services; will be perfumed by others, and that the client will defend, indemnify, and hold consultant harmless from any and all liability arising from or resulting from the performance of construction review by other persons. 28. Client agrees that in accordance with genmlly accepted construction practices, construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property; that this requirement shall be made to apply continuously and not be linited to normal working hours, and client further agrees to defend, indemnify, and hold consultant harmless from any and all liability, real or alleged, in connection with the performance of work on this project, excepting liability arising from the sole negligence of consultant. 29. Client agrees to limit consultant's liability to client and to all contractors and subcontractors on the project, due to professional negligence, acts, errors, or omissions of consultant, to the sum of 550,000 or consultant's fees, whichever is greater. 30. Client agrees to purchase and maintain, during the course of constnretion, builders risk "all risk" insurance which will name consultant as an additional insured as their interest may appear. 31. All fees and other charges will be billed monthly and shall be ducat the time of billing unless otherwise specified in this agreement. 32. Client agrees that the periodic billings from consultant to client are correct, conclusive, and binding on client unless client within ten (10) days from the date of receipt of such billing, notifies consultant in writing of alleged inaccuracies, discrepancies, or errors in the billing. 33. Client agrees to pay a late payment charge which will be computed at the periodic rate specified on the front hereof and will be applied to any unpaid balance commencing thirty (30) days after the date of the original billing. 34. If consultant, pursuant to this agreement, produces plans, specifications, or other documents and/or performs field work, and such plans, specifications, and other documents and/or field work are being required by one or more governmental agency, and one or more such govcnurri agency changes its ordinances, policies, procedures or requirements after the date of this Agreement, any additional office or field work thereby required shall be paid for by client as extra work. 35. In the event of any increase of costs due to the granting of wage increases and/or other employee benefits to field or office employees due to the terns of any labor agreement, or rise in the cost of living, during the lifetime of this agreement, such percentage increase shall be applied nn all remaining compensation. 36. Client agrees that if client requests incidental services not specified pursuant to Paragraph A on the front hereof, client agrees to pay for all such incidental services as extra work. 37. In the event that any staking is destroyed, damaged, or disturbed by an act of God or parties other than consultant, the cost of restaking shall be paid for by client as extra work- 3 8. Client shall pay the costs of checking and inspection fees, zoning and annexation application fees, assessment fee, soils engineering fm, soils testing fees, aerial topography feu, and all other fees, pemdta, bond premiums, title company charges, blueprints and reproductions, and all other charges not specifically covered by the terms of this agreement 39. In the event all or any portion of the work prepared or partially prepared by consultant be suspended, abandoned, or terminated, client shall pay consultant for all fees, charges and services provided for the project, not to exceed any contract limit specified herein. 40. This agreement shall be governed by and construed in accordance with the laws of the Stale 01-California. CON /GEN / /SFA -1&11 OC Page 2 of 3 0 PROJECT DESIGN CONSULTANTS ADDENDUM TO CCCE &LS STANDARD FORM AGREEMENT This addendum supplements the standard provisions contained in the attached "California Council of Civil Engineers and Land Surveyors Agreement Between Client and Consultant." All provisions indicated herein shall apply as if a part of the agreement. 1. Client agrees that it is the responsibility of Client to maintain in good standing all government approvals and permits and to apply for any extensions thereof. 2. Consultant may adjust its billing rates once a year due to cost of living increases. Therefore, contract authorization limits are subject to adjustment each year for unexpended budget amounts to reflect changes in billing rates. 3. Consultant is entitled to suspend the performance of any and all of its obligations under this agreement if Client files a voluntary petition for bankruptcy or if there is an involuntary bankruptcy petition filed against Client in the United States Bankruptcy Court which is not dismissed within 15 days of its filing. 4. In executing this agreement, Client acknowledges that the "present record owner' and "lender" are correct as stated on the "Standard Form of Agreement." 5. Client acknowledges that Consultant has no professional expertise in, and Consultant has no professional liability insurance for claims arising out of or in any way connected with, the detection, abatement, use, specification, or removal of asbestos materials, asbestos cement pipe, and/or hazardous waste materials. 6. In the event any design provided by Consultant under this agreement proceeds to the construction phase and if Client discovers or becomes aware of changed field conditions, plan discrepancies, or other conditions which necessitate clarifications, adjustments, modifications, or other changes, Client agrees to notify Consultant and to engage Consultant to prepare the necessary clarifications, adjustments, modifications, or changes to Consultant's work product before further activity proceeds. Client further agrees to have a provision in its construction contract which requires the contractor to notify Client of any such conditions so that Client may in turn notify Consultant. The parties acknowledge and agree to the special provisions contained herein: CONSU T NT'S INITIALS: CLIEN T'S INITIALS: CONIGEWJSFA -2b .DOC Page 3 of 3 • . File: P594 Oct. 17, 1997 Pir�jec lDc<c��,neC��it +rr(tcneLC Page 1 Oft 21 Years a(Excellence, 1976 -1997 EXHIBIT'A' - SCOPE OF SERVICES NEWPORT COAST ANNEXATION CITY OF NEWPORT BEACH The following scope of services and fee are to prepare and process a LAFCO application for the Newport Coast. I. PREPARE APPLICATION A. Prepare City Resolution of Application for Annexation. B. Establish City Annexation Committee comprised of key staff members. C. Meet with individual members to assist with collection of data supporting application. D. Complete Justification Questionnaire. E. Prepare Plan of Service for Annexation Area. F. Compile supporting information. ITEM I - FIXED -FEE AMOUNT $ 10,000 II. MEETINGS A total of 80 hours are budgeted to include attendance at meetings with either the client, LAFCO staff, LAFCO Commissioners, members of the public, and affected agencies, or attend public hearings. All meetings will be charged on a time- and - materials basis in accordance with the attached rate schedule. Meetings beyond the budgeted hours will be attended only as authorized by the City. ITEM II - TIME-AND- MATERIALS BUDGET PRO/P594SCP.D0C 11:"'SOO q'.liil Pu�.iii ramulieo�hru'vad;.ipr..vn: EN File: P594 Oct. 17, 1997 Page 2 of 2 III. PROCESSING OF APPLICATION A. Coordination with LAFCO staff concerning property tax negotiations and certificate of filing. B. Review of staff report/conditions. ITEM III - TIME- AND - MATERIALS BUDGET $ 4,000 IV. COMPLETION OF ANNEXATION (POST - LAFCO PROCESS) A. Coordinate conducting authority hearing. B. Prepare conducting authority resolution. C. Coordinate recordation. ITEM IV - TIME- AND - MATERIALS BUDGET $ 2,500 TOTAL FIXED -FEE AMOUNT $ 10,000 TOTAL TIME- AND - MATERIALS AMOUNT $ 14,500 TOTAL CONTRACT $ 24,500 EXCLUSIONS 1. Any work related to an election resulting from registered voter protest. 2. Preparation of fiscal reports, special facility studies, or environmental reports. 3. Metes and bounds legal description of annexation area. PRO/P594SCP.DOC • 0 LABOR RATE SCHEDULE Effective September 27, 1997 Project Manager Project Designer Production Designer Two Man Survey Crew Two Man Survey Crew with GPS HOURLY RATE $ 105 $ 85 $ 70 $ 130 $ 180 Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel and mileage, delivery services, long distance telephone charges, computerized plotting, special graphic supplies, facsimile and other direct project charges incurred on behalf of Client will be billed to Client at cost plus ten percent. LIS /GEN/LABORWDOC