HomeMy WebLinkAboutC-2513 - Newport Channel Bicycle Bridge Engineering Design (final)CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714)640 -2251
TO:
FINANCE DIRECTOR
Cr `
'- ux.zae_
Public WOYks
FROM:
CITY CLERK
DATE:
May 1, 1986
SUBJECT:
Contract No. C- 2513(B)
Description of Contract Professional
Engineering
Services Agreement
for Final Design of the Newport Boulevard Sidewalk
Widening and
Related Bicycle Trail Facilities
Effective date of Contract April 24, 1986
Attt"o 7z- d- b3�Minatc -Artirm, approved on City Manager
Contract with
Address
Willdan Associates
290 South Anaheim Blvd., Suite 100
CA 92805
Amount of Contract (See Agreement)
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
FOR FINAL DESIGN OF THE
NEWPORT BOULEVARD SIDEWALK WIDENING AND RELATED BICYCLE TRAIL FACILITIES
THIS AGREEMENT is made and entered into this t'F'" day of AFRIc ,
1986, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "CITY," and the firm of WILLDAN ASSOCIATES, ENGINEERS
AND PLANNERS, a California corporation, hereinafter referred to as "ENGINEER."
WITNESSETH:
WHEREAS, there is a significant amount of bicycle traffic using the
narrow sidewalk on the easterly side of Newport Boulevard and on the Newport
Boulevard Channel Bridge; and
WHEREAS, the City Council on January 14, 1985, authorized execution of
a professional services agreement with ENGINEER to provide preliminary engi-
neering and having completed same, the City Council has considered the alternates
presented and has asked that final engineering and design be completed; and
WHEREAS, ENGINEER has submitted a proposal for engineering and design
dated February 6, 1986, for widening the existing sidewalk to accommodate
bicycle traffic to and from the proposed Newport Channel bicycle bridge and to
perform all related design for such facilities which are appurtenant to that end
are hereinafter referred to as "PROJECT "; and
WHEREAS, CITY desires to accept said proposal;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto
do agree as follows:
I. GENERAL
A. CITY engages ENGINEER to perform the described services for the
consideration hereinafter stated.
B. ENGINEER agrees to perform said services in accordance with the
terms and conditions hereinafter set forth.
hall be
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II. SERVICES TO BE PERFORMED BY ENGINEER
ENGINEER agrees to perform the following engineering and design
services as scoped in his proposal dated February 6, 1986. They are as follows:
A. Provide engineering design and final plan and profile drawings
for reconstructing and widening the existing P.C.C. sidewalk to a width of
twelve (12) feet along the easterly side of Newport Boulevard from the south
side of Via Lido approximately 370 feet north to the south end of the proposed
bicycle bridge approach apron.
1. The design shall include reconstruction of the existing curb
and driveway approaches in accordance with City Standards. Curb faces should
nominally be eight (8) inches. Driveway entrances should be flared commercial-
type driveways.
2. The design shall include wheelchair /bicycle ramp provisions at
the northeasterly corner of the Via Lido - Newport Boulevard intersection.
3. The design shall include curb and sidewalk modifications on the
south side of Via Lido and to the Via Lido median island.
4. Plans shall include callouts and provisions for relocating or
modifying any and all interfering utilities such as storm drain, street light,
and traffic signal conduits or poles.
5. Plans shall include grade change provisions for adjacent prop-
erties in the form of small retaining wall designs where conditions warrant.
a. One confirmed location is northerly of the existing
driveway entrance to the "Hertz Mansion" business at 3636 Newport Boulevard.
b. O.S.H.A. hand railing design shall be included where con-
ditions warrant.
B. Provide final engineering design and detailed engineering drawings
for the northerly bicycle bridge span crossing the Newport Channel. The span
shall be redesigned to provide sufficient length so as to allow it to span from
the proposed mid - channel pile bent cap to the south side of the embankment of
the Newport Boulevard Bridge /Coast Highway ramp.
1. The design shall eliminate the need for a third bicycle bridge
span and its corresponding pile- supported bridge bent. Plans prepared to date
shall be modified accordingly.
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2. Changes appurtenant to the bridge span design such as embank-
ment retaining wall modification, bridge abutment modification, slope grading,
fills, bike trail alignment and paving are included in the required design
duties.
III. DUTIES OF CITY
services:
approval.
CITY agrees to provide the following information, materials and
A. All environmental documentation required to obtai!i PROJECT
B. All work necessary to obtain permits from the U.S. Coast Guard,
the California Coastal Commission, the U.S. Army Corps of Engineers.
C. Provide all standard mylar, plan and profile sheets necessary
for completing the engineering drawings.
D. Provide all information, materials, data, reports, plans and
maps as are existing and available that may be necessary for carrying out the
work outlined herein.
IV. TIME OF COMPLETION
All services to be performed by ENGINEER, as outlined herein above,
necessary and prerequisite to CITY's advertising an invitation for public
bidding of PROJECT shall be completed within six (6) weeks of the date of
execution of this Agreement.
V. OWNERSHIP OF DOCUMENTS
Original drawings, reports, notes, maps and other documents
relating to the plans shall become the exclusive property of CITY and may be
reproduced as deemed necessary by the City Engineer or his duly authorized
representative. CITY agrees to hold harmless and indemnify ENGINEER against all
damages, claims and losses arising out of any re -use of the plans and specifica-
tions by CITY.
VI. RIGHT OF TERMINATION
A. CITY reserves the right to terminate this Agreement at any time
by giving ENGINEER seven (7) days' prior written notice. Notice shall be deemed
served when delivered personally or upon deposit in the United States mail,
postage prepaid, addressed to the ENGINEER's business office at 290 South
Anaheim Boulevard, Suite 100, Anaheim, California 92805.
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B. In the event of termination due to errors, omissions, or negli-
gence of ENGINEER, CITY shall be relieved of any obligation to compensate
ENGINEER for that portion of work affected by such errors, omissions, or
negligence of ENGINEER. If this Agreement is terminated for any other reason,
CITY agrees to compensate ENGINEER for the actual services performed up to the
effective date of the Notice of Termination, on the basis of the fee schedule
contained herein.
VII. PAYMENT AND FEE SCHEDULE
A. In consideration for the performance of the specified services,
CITY hereby agrees to compensate ENGINEER a lump sum fee not to exceed the
amount of Nine Thousand Eight Hundred Dollars ($9,800).
B. The contract amount shall be paid in monthly partial payments
based on billing for hours expended and costs incurred during the preceding ,
month. Billings submitted shall be based on the FEE SCHEDULE set forth below.
C. CITY agrees to reimburse ENGINEER for the actual cost of repro-
duction of copies of plans and related documents and other expenditures
authorized in advance by CITY at the rate of cost plus Ten Percent (10 %).
D. CITY shall remit payments to ENGINEER within thirty (30) days
after receipt of ENGINEER's invoice. Invoice shall include classifications of
personnel, dates and hours worked in the performance of services specified in
Section II herein above.
E. FEE SCHEDULE
Classification
Rate per Hour
Sr. Consultant
$100.00
Principal Engineer
90.00
Division Manager
80.00
Project Director
74.00
Sr. Project Engineer
67.00
Project Manager
61.00
Project Engineer
56.00
Sr. Designer
54.00
Design Engineer
40.00
Sr. Draftsperson
44.00
Designer
40.00
Draftsperson
37.00
Jr. Draftsperson
31.00
Construction Observer (Public Works)
47.00
Sr. Real Property Agent
67.00
Real Property Agent
61.00
Assistant Property Agent
50.00
Sr. Survey Analyst
55.00
Sr. Calculator
55.00
Calculator II
44.00
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Survey Analyst
44.00
Calculator I
37.00
Survey Supervisor
65.00
Party Chief
62.00
Two -man Field Party
122.00
Three -man Field Party
150.00
Computer Time
60.00
Computer Data Entry
28.00
Clerical
28.00
Delivery
21.00
VIII. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be per-
formed by ENGINEER shall be made without prior written approval from CITY. In
consideration for the performance of additional services authorized by CITY in
writing, CITY hereby agrees to compensate ENGINEER an amount based upon the
hourly rate shown in the FEE SCHEDULE hereinabove; except that an increase in
the total compensation exceeding One Thousand Dollars ($1,000) shall require
that an amendment for such additional services be processed and executed by the
ENGINEER and CITY.
IX. 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 the services under this contract. 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 the CITY the right to examine and audit
same, and to make transcripts therefrom as deemed necessary, and to allow
inspection of all work, data, documents, proceedings and activities related to
this Agreement.
X. INSURANCE
A. On or before the date of commencement of the term of this
Agreement, ENGINEER shall furnish the CITY with certificates showing the type,
amount, class of operations covered, effective dates and dates of expiration of
insurance policies. Such certificates which do not limit ENGINEER's indem-
nification, shall also contain substantially the following statement: "The
insurance covered by this certificate may not be cancelled or materially
altered, except after Ten (10) days' written notice has been received by CITY."
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B. ENGINEER shall maintain in force at all times during the per-
formance of this Agreement policies of insurance as required by this Agreement;
and said policies of insurance shall be secured from an insurance company
assigned Policyholders' Rating of "B" (or higher) and Financial Size Category
Class XV (or larger) in accordance with an industry -wide standard and shall
be licensed to do insurance business in the State of California.
ages:
C. ENGINEER shall maintain the following minimum insurance cover-
1. Liability Insurance
General liability 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.
2. Errors and Omissions
Errors and omissions insurance, which includes coverage for
professional malpractice, in the amount of $1,000,000. The policy shall provide
for coverage of all claims made during the term of the policy.
D. Subrogation Waiver
In the event of loss or claim of loss due to any of the perils
for which it has agreed to provide insurance, ENGINEER shall look solely to its
insurance for recovery. ENGINEER hereby grants to CITY, on behalf of any
insurer providing insurance to either ENGINEER or CITY with respect to the ser-
vices of ENGINEER, 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.
E. Failure to Secure
If ENGINEER at any time during the term of this Agreement,
should fail to secure or maintain the foregoing insurance, CITY shall be per-
mitted to obtain such insurance in the ENGINEER's name or as an agent of
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ENGINEER and shall be compensated by ENGINEER for the costs of the insurance
premiums at the maximum rate permitted by law computed from the date written
notice is received that the premiums have been paid.
F. Additional Insured
CITY, its City Council, boards and commissions, officers,
agents, servants and employees shall be named as an additional insured under all
insurance policies required under this Agreement except for errors and omissions
insurance. The naming of an additional insured shall not affect any recovery to
which such additional insured would be entitled under this policy if not named
as such additional insured; and an additional insured named herein shall not be
held liable for any premium or expense of any nature on this policy or any
extension thereof. Any other insurance held by an additional insured shall not
be required to contribute anything toward any loss or expense covered by the,
insurance provided by this policy. Proceeds from any such policy or policies
shall be payable to CITY primarily, and to ENGINEER secondarily, if necessary.
XI. 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.
XII. 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
costs of litigation.
XIII. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of
every kind or nature whatsoever between the parties hereto and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein. No
verbal agreement or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written
execution signed by both CITY and ENGINEER.
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XIV. HOLD HARMLESS
ENGINEER shall indemnify and hold harmless CITY, its City Council,
boards and commissions, officers, agents, servants, and employees from and
against any and all loss, damages, liability, claims, suits, costs and expenses,
whatsoever, including reasonable costs of litigation, regardless of the merit or
outcome of any such claim or suit, arising from or in any manner connected to
ENGINEER's errors, negilgent acts, omissions, or work conducted pursuant to this
Agreement or arising from or in any manner connected to persons firms or cor-
porations furnishing or supplying work, services, materials, equipment or
supplies thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written:
ROVED AS TO FORM:
Carol Korade, Assistant City Attorney
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
(714) 644 -3311
Willdan Associates
290 South Anaheim Blvd., Suite 100
Anaheim, CA 92805
(714) 774 -5740
=SIA a
CITY OF NEWPORT BEACH,
a Munici al Corporation
,.
Robert L. Wynn, City Manager
WILLDAN ASSOCIATES,
ENGINEERS AND PLANNERS
By: -W4 Z4006�
ary ysar$ Sr. Vice re s- icTent
0
TO: FINANCE DIRECTOR
Public Works
FROM: CITY CLERK
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(7141640-2251
C — Zq X?
DATE: January 16, 1986
SUBJECT: Contract No. C -2513
Description of Contract Agreement for Professional Services
for Final Design of the Newport Channel Bicycle Bridge Facilities
Effective date of Contract September 12, 1985
A- Lhexizad h* Minute Act — approved on City Manager
Contract with Willdan Associates
Address 290 South Anaheim Blvd., Suite 100
Anaheim, CA 92805
Amount of Contract (See Agreement
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
0
AGREEMENT FOR PROFESSIONAL SERVICES
FOR FINAL DESIGN OF THE
NEWPORT CHANNEL BICYCLE BRIDGE FACILITIES
THIS AGREEMENT is made and entered into this rz TM day of September,
1985, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "CITY, and the firm of WILLDAN ASSOCIATES, ENGINEERS
AND PLANNERS, hereinafter referred to as "ENGINEER."
WITNESSETH:
WHEREAS, there is a significant amount of bicycle traffic using the
narrow sidewalk on the easterly side of the Newport Boulevard channel Bridge;
and
WHEREAS, the City Council on January 14, 1985, authorized execution of
a professional services agreement with ENGINEER to provide preliminary engi-
neering and having completed same, the City Council has considered the alter-
nates presented and has asked that final engineering and design be completed;
and
WHEREAS, ENGINEER has submitted a proposal for final engineering and
design dated June 21, 1985, for a separate bicycle bridge crossing of the
Newport Channel and all related appurtenances for such facilities hereinafter
referred to as "PROJECT "; and
WHEREAS, CITY desires to accept said proposal;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto
do agree as follows:
I. GENERAL
A. CITY engages ENGINEER to perform the described services for the
consideration hereinafter stated.
B. ENGINEER agrees to perform said services in accordance with the
terms and conditions hereinafter set forth.
C. ENGINEER agrees that all services required hereunder shall be
performed under his direct supervision, and all personnel
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engaged in the work shall be fully qualified and shall be
authorized or permitted under State and local law to perform
such services. ENGINEER shall not sublet, transfer or assign
any work except as otherwise provided for herein or as author-
ized in advance by CITY.
II. SERVICES TO BE PERFORMED BY ENGINEER
ENGINEER agrees to perform all services scoped in his proposal
dated June 21, 1985, attached hereto and made a part of this
Agreement as if fully set forth herein.
III. DUTIES OF CITY
CITY agrees to provide the following information, materials and
services:
A. All environmental documentation required to obtain a certified
negative declaration for the project.
B. All work necessary to obtain permits from the U.S. Coast Guard,
the California Coastal Commission and the U.S. Army Corps
of Engineers.
C. Execute a separate contract with a soils engineer to provide
foundation and seismic design data with recommendations made
available to ENGINEER.
D. The necessary standard mylar, plain or plan and profile sheets
for engineering drawings.
E. All information, materials, data, reports, plans and maps as
are existing and available from same, and necessary for
carrying out the work outlined herein.
IV. TIME OF COMPLETION
All services to be performed by ENGINEER shall be completed within
eight (8) weeks of the date of execution of this Agreement.
V. OWNERSHIP OF DOCUMENTS
Original drawings, reports, notes, maps and other documents
relating to the plans shall become the property of the CITY and may
be reproduced as deemed necessary by the City Engineer or his duly
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authorized representative. CITY agrees to hold harmless and indem-
nify the ENGINEER against all damages, claims and losses arising
out of any re -use of the plans and specifications.
VI. RIGHT OF TERMINATION
A. CITY reserves the right to terminate this Agreement at any time
by giving ENGINEER seven (7) days' prior written notice; notice
shall be deemed served when delivered personally or upon de-
posit in the United States mail, postage prepaid, addressed to
the ENGINEER's business office at 290 South Anaheim Boulevard,
Suite 100, Anaheim, California 92805.
B. In the event of termination due to errors, omissions, or negli-
gence of ENGINEER, CITY shall be relieved of any obligation to
tion to compensate ENGINEER for that portion of work affected
by such errors, omissions, or negligence of ENGINEER. If this
Agreement is terminated for any other reason, CITY agrees to
compensate ENGINEER for the actual services performed up to the
effective date of the Notice of Termination, on the basis of
the fee schedule contained herein.
VII. PAYMENT AND FEE SCHEDULE
A. In consideration for the performance of the specified services,
CITY hereby agrees to compensate ENGINEER a lump sum fee not to
exceed the amount of Eleven Thousand Eight Hundred Dollars
($11,800).
B. The contract amount shall be paid in monthly partial payments
based on billing for:ours expended and costs incurred during
the preceding month. Billings submitted shall be based on the
FEE SCHEDULE set forth below.
C. CITY agrees to reimburse ENGINEER for the actual cost of repro-
duction of copies of plans and related documents and other
expenditures authorized in advance by CITY at the rate of cost
plus Ten Percent (10 %).
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D. CITY shall remit payments to ENGINEER within thirty (30) days
after receipt of ENGINEER's invoice. Invoice shall include
classifications of personnel, dates and hours worked in the per-
formance of services specified in Section II.
E. FEE SCHEDULE
Classification Rate per Hour
Sr. Consultant
$ 90.00
Principal Engineer
80.00
Division Manager
71.00
Project Director
71.00
Sr. Project Engineer
65.00
Project Manager
58.00
Project Engineer
53.00
Sr. Designer
48.00
Design Engineer
42.00
Sr. Draftsperson
42.00
Designer
38.50
Draftsperson
35.00
Jr. Draftsperson
26.50
Construction Observer (Public Works)
44.00
Sr. Real Property Agent
65.00
Real Property Agent
58.00
Assistant Property Agent
48.00
Sr. Survey Analyst
52.50
Sr. Calculator
52.50
Calculator II
42.00
Survey Analyst
38.00
Calculator I
35.00
Survey Supervisor
60.00
Party Chief
58.00
Two -man Field Party
112.00
Three -man Field Party
145.00
Computer Time
60.00
Computer Data Entry
26.50
Clerical
21.00
Delivery
21.00
VIII. ADDITIONAL SERVICES
A. No change in character, extent, or duration of the work to be
performed by ENGINEER shall be made without prior written
approval from CITY. In consideration for the performance of
any such additional services authorized by CITY in writing,
CITY hereby agrees to compensate ENGINEER an amount based upon
the hourly rate shown in the FEE SCHEDULE hereinabove; except
that an increase in the total compensation exceeding One
Thousand Dollars ($1,000) shall require that an amendment for
such additional services be processed and executed by the
ENGINEER and CITY.
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IX. 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 the services done under this
contract. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly iden-
tified 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 the CITY the right to examine
and audit same, and to make transcripts therefrom as deemed
necessary, and to allow inspection of all work, data, documents,
proceedings and activities related to this Agreement.
X. INSURANCE
A. ENGINEER shall furnish the CITY with certificates showing the
type, amount, class of operations covered, effective dates and
dates of expiration of insurance policies. Such certificates
which do not limit ENGINEER's indemnification, shall also con-
tain substantially the following statement: "The insurance
covered by this certificate will not be cancelled or materially
altered, except after Ten (10) days' written notice has been
received by CITY.
B. It is agreed that ENGINEER shall maintain in force at all times
during the performance of this Agreement all appropriate poli-
cies of insurance required by this Agreement, and that said
policies of insurance shall be secured from an insurance com-
pany acceptable to the CITY and shall be licensed to do
insurance business in the State of California.
;
C. ENGINEER shall maintain the following minimum insurance cover-
ages:
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1. Liability Insurance
General liability 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.
2. Errors and Omissions
Errors and omissions insurance, which includes coverage for
professional malpractice, in the amount of $1,000,000. The
policy shall provide for coverage of all claims occurring
during the term of the policy notwithstanding the fact that
the claim may be asserted subsequent to the expiration of
the policy.
D. Subrogation Waiver
ENGINEER agrees that in the event of loss due to any of the
perils for which it has agreed to provide insurance, that
ENGINEER shall look solely to its insurance for recovery.
ENGINEER hereby grants to CITY, on behalf of any insurer pro -
vidng insurance to either ENGINEER or CITY with respect to the
services of ENGINEER herein, a waiver of any right of subroga-
tion which any such insurer of said ENGINEER may acquire
against City by virtue of the payment of any loss under such
insurance.
E. Failure to Secure
If ENGINEER at any time during the term of this Agreement,
should fail to secure or maintain the foregoing insurance, CITY
shall be permitted to obtain such insurance in the ENGINEER's
name or as an agent of ENGINEER and shall be compensated by
ENGINEER for the costs of the insurance premiums at the maximum
rate permitted by law computed from the date written notice is
received that the premiums have been paid.
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. • •
F. Additional Insured
Except for errors and omission insurance, CITY, its City
Council, boards and commissions, officers, agents, servants and
employees shall be named as an additional insured under all
insurance policies required under this Agreement. The naming
of an additional insured shall not affect any recovery to which
such additional insured would be entitled under this policy if
not named as such additional insured; and an additional insured
named herein shall not be held liable for any premium or
expense of any nature on this policy or any extension thereof.
Any other insurance held by an additional insured shall not be
required to contribute anything toward any loss or expense
covered by the insurance provided by this policy. Proceeds
from any such policy or policies shall be payable to CITY pri-
marily, and to ENGINEER secondarily, if necessary.
XI. 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 sub -
sequent breach of the same or any other term, covenant, or con-
dition contained herein whether of the same or a different
character.
XII. 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.
XIII. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of
every kind or nature whatsoever between the parties hereto and all
preliminary negotiations and agreements of whatsoever kind or
nature are merged herein. No verbal agreement or implied covenant
shall be held to vary the provisions hereof. Any modification of
this Agreement will be effective only by written execution signed
by both City and ENGINEER.
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XIV. HOLD HARMLESS
ENGINEER shall indemnify and hold harmless CITY, its City Council,
boards and commissions, officers, agents, servants, and employees
from and against any and all loss, damages, liability, claims,
suits, costs and expenses, whatsoever, including reasonable attor-
neys' fees, regardless of the merit or outcome of any such claim or
suit, arising from or in any manner connected to ENGINEER's errors,
negilgent acts, omissions, or work conducted pursuant to this
iAgreement or arising from or in any manner connected to persons
firms or corporations furnishing or supplying work, services, o.;�Sh,,�'
materials, equipment or supplies te.
to TN6 6)Of/.J6C5+2 [,i.vjc:�- Ve7I7N Gio"o ;2j,9 i
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written:
aDPROVED AS TO FORM:
Vcn,L
Carol Korade, Assistant City Attorney
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
(714) 644 -3311
Willdan Associates
290 South Anaheim Blvd., Suite 100
Anaheim, CA 92805
(714) 774 -5740
CITY OF NEWPORT BEACH,
a Municipal Corporation
�u�::.� �/�I
By: �
Robert L. Wynn, City Minager
WILLDAN ASSOCIATES,
ENGINEERS AND PLANNERS
By:
ary sa Sr. Vice President