HomeMy WebLinkAboutC-2530 - Engineering Services for the widening of Jamboree Road from Pacific Coast Highway to Backbay DriveV
TO: FINANCE DIRECTOR
Public Works
FROM: CITY CLERK
DATE: August 22, 1985
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714)640 -2251
SUBJECT: Contract No. C -2530
Description of Contract Engineering Services Agreement for
widening Jamboree Road from Coast Highway to Backbay Drive
Effective date of Contract August 22, 1985
Authorized by Minute Action, approved on August 12, 1985
Contract with ASL Consulting Engineers
Address 1201 East Warner Avenue
Santa Ana, CA 92705 -5456
Amount of Contract (See Agreement)
Wanda E. Andersen
City Clerk
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attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
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• August 12, 1985
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH CITY COUNCIL AGENDA
ITEM NO. F -3(c)
TO: CITY COUNCIL AUG 12 1935 C - 2,5-<30
• FROM: Public Works Department APPROVED
SUBJECT: ENGINEERING SERVICES AGREEMENT FOR
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RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute an engineering ser-
vices agreement with ASL Engineers for the preparation of plans, spe-
cifications, and estimates for the widening of Jamboree Road between
Backbay Drive and Coast Highway.
DISCUSSION:
In September the Orange County Transportation Comission will be
calling for applications for roadway projects to be funded with Orange County
Unified Transportation Trust Fund ( OCUTTF) funds if pending legislation is
passed. This will be a new three -year program to provide monies to the cities
in Orange county for construction of improvements to the arterial highway system.
• The Commission will be looking for and give priority to projects in an advanced
state of readiness..
Jamboree Road between Backbay Drive and Coast Highway is a good can-
didate project. It should not be environmentally or politically sensitive and
needs to be completed to tie in with the City's Coast Highway widening FAU proj-
ect. The OCUTTF program will provide 50% of eligible costs for the project
which is estimated to cost $300,000- 350,000. The City's share of matching funds
can come from the Circulation and Transportation Fund.
To make application for OCUTTF funds, the City will need to have at a
minimum very complete preliminary plans, cost estimates, environmental clearance
clearance, and right -of -way commitments.
It is recommended that $50,000 be appropriated from the Circulation
and Transportation Fund Reserve to be used to prepare plans, estimates, and
environmental documentation for this project. A budget amendment has been pre-
pared for consideration as a separate item.
The staff has obtained proposals to provide engineering services for
the design of the widening project. It is recommended that ASL Consulting
• Engineeers be retained to perform the work at their proposed fee of $20,500.
ASL is also currently retained by the City to prepare the plans for the City's
Coast Highway widening project and is well qualified to do the work.
Benjamin B. Nolan
Public Works Director
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ENGINEERING SERVICES AGREEMENT
FOR
WIDENING JAMBOREE ROAD FROM COAST HIGHWAY TO BACKBAY DRIVE
THIS AGREEMENT is made and entered into this o? day of
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August, 1985, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "CITY ", and the firm of ASL CONSULTING ENGINEERS,
a private corporation, hereinafter referred to as "ENGINEER ".
WITNESSETH:
WHEREAS, the CITY intends to prepare engineering plans for the widening
of Jamboree Road from Coast Highway to Backbay Drive, hereinafter referred to as
"PROJECT "; and
WHEREAS, on August 12, 1985, the City Council approved an appropriation
of funds for the implementation of PROJECT; and
WHEREAS, ENGINEER has submitted to CITY, a proposal dated August 2, 1985
to perform engineering services in connection with the preparation of engineer-
ing plans; 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 shall retain ENGINEER to perform the services hereinafter
described in return for the consideration and compensation
herein stated.
B. ENGINEER agrees to perform said services all 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
engaged in the work shall be fully qualified and shall be
authorized or permitted under State and local law to perform
such services.
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II. SERVICES TO BE PERFORMED BY ENGINEER
A. ENGINEER agrees to perform all services and work as outlined
herein below:
1. Conduct necessary field investigation work to prepare
topographic surveys as required.
2. Prepare 40 -scale plan and profile drawings for the entire
reach.
3. Prepare 20 -scale intersection details for Coast Highway and
Jamboree Road, and Backbay Drive and Jamboree Road.
4. Prepare interim signing and striping plans.
5. Prepare ultimate signing and striping plans.
6. Prepare an interim signal plan for the intersection of
Coast Highway and Jamboree Road.
7. Prepare a signal design plan for Jamboree Road and Backbay
Drive with provisions for an interconnect system between
Coast Highway and the entrance of Sea Island Drive.
8. Prepare street lighting plans in accordance with CITY
standards.
9. Prepare storm drain plans between Coast Highway and the
existing facility at Backbay Drive.
10. Prepare traffic control plans for construction of the
PROJECT.
11. Pepare construction specifications.
12. Prepare a detailed construction cost estimate.
13. Prepare legal descriptions for required right of way along
Jamboree Road. The right of way shall be tied in with
right of way requirements for the Coast Highway Improvement
Project.
14. Provide coordination and project management as required to
construct the PROJECT.
15. Assist CITY during the bid process and provide consultation
during construction. Provide "As- Built" plans based on
red -lined prints provided by CITY.
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III. DUTIES OF CITY
A. CITY hereby agrees to supply ENGINEER all information,
materials, data, reports, plans and maps as are existing and
available from same, and necessary for carrying out the work
outlined herein.
B. CITY will retain a soils and geotechnical consultant to prepare
the necessary soils analysis.
C. CITY shall provide the necessary standard mylar plan and pro-
file sheets required.
D. CITY shall make any permit applications to other agencies which
may be needed for the lawful performance of the work and
services outlined herein.
IV. OWNERSHIP OF DOCUMENTS
A. Original drawings, reports, notes, maps, and other documents
relating to the plans shall become the 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 specifications.
V. 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 ENGINEER's business office at 1201 East Warner Avenue,
Santa Ana, California 92705 -5456.
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.
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TIME OF COMPLETION
A. The execution of the Agreement by the parties hereto constitu-
tes authorization to proceed. The work required as set forth
herein shall commence within Ten (10) calendar days of the exe-
cution of this Agreement.
Preliminary plans shall be completed by October 1, 1985, in
sufficient detail to provide an accurate construction cost
estimate. Final PS & E shall be completed by December 1, 1985.
PAYMENT AND FEE SCHEDULE
A. In consideration for the performance of the specified services,
CITY hereby agrees to compensate ENGINEER a fee not to exceed
the amount of Twenty Thousand Nine Hundred Dollars ($20,900).
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 within Thirty (30) days after
receipt of ENGINEER's invoice. Invoice shall include classifi-
cations of personnel, dates and hours worked.
D. FEE SCHEDULE
All work performed by ENGINEER to complete the services
described herein above shall be paid for in accordance with the
following hourly rate schedule:
Classification
Principal in Charge
Project Engineer
Registered Engineer
Designer
Designer /Draftsperson
Construction Inspector
Draftsperson
Typist
Technician
Two -Man Survey Party
Survey Travel Time
Survey Vehicle Allowance (per day)
Hourly Rate
$ 85.00
$ 65.00
$ 55.00
$ 48.00
$ 45.00
$ 40.00
$ 42.00
$ 25.00
$ 18.00
$112.00
$ 55.00
$ 15.00
E. CITY agrees to reimburse ENGINEER for the actual cost of repro-
duction of copies of said plans and related documents and other
costs authorized in advance by CITY.
VIII. ADDITIONAL WORK
A. No change in the character, extent, or duration of the work to
be performed by ENGINEER shall be made without prior written
approval from CITY. Any such additional work shall be per-
formed on an hourly basis in accordance with the hourly rate
schedule set forth herein above; except that an increase in the
total compensation exceeding Ten Percent (10 %) shall require
that an amendment for such additional services be processed and
executed by 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 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
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policies of insurance shall be secured from an insurance com-
pany assigned Policyholders' Rating A (or higher) and Financial
Size Category Class VIII (or larger) in accordance with the
latest edition of Best's Key Rating Guide: Property - Casualty
and shall be licensed to do insurance business in the State of
California.
ENGINEER shall maintain the following minimum insurance cover-
ages:
1. Liability Insurance
General liability coverage in the following minimum limits:
Bodily Injury
Property Damage
$250,000 each person
$500,000 each occurrence
$500,000 aggregate
$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. Subroaation 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.
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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.
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. 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 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.
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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.
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
Agreement or arising from or in any manner connected to persons
firms or corporations 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:
CITY EWPORT BEACH,
a Munici Corporation
APPROV S TO FORM:
By:
City Attorney
Attest: ASL CONSULTING ENGINEER
City Clerk
IV Dou Re n art
Vice Presi t
Address b Telephone:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
(714) 644 -3311
ASL Consulting Engineers
1201 East Warner Avenue
Santa Ana, CA 92705 -5456
(714) 979 -1761