Loading...
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 WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 �3a) • 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 ­­V oil Is 0 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 DW:jd ENGINEERING SERVICES AGREEMENT FOR WIDENING JAMBOREE ROAD FROM COAST HIGHWAY TO BACKBAY DRIVE THIS AGREEMENT is made and entered into this o? day of C -z� 30 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. 1of8 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. Mroi 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. 3 of VI VII • • 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 C 0 0 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. 0 0 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. 7 of 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