HomeMy WebLinkAboutC-2532(A) - Engineering Services for Ocean Front Bicycle Trail Feasibility Studya
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714(640 -2251
TO: FINANCE DIRECTOR
Public Works
FROM: CITY CLERK
DATE: August 19, 1985
SUBJECT: Contract No. C -2532 IA )
Description of Contract Engineering Services Agreement for
Ocean Front Bicycle Trail Feasibility Study
Effective date of Contract August 15, 1985
Authorized by Minute Action, approved on N/A
Contract with Austin -Foust Associates, Inc.
Address 1450 North Tustin Avenue, Suite 108
Santa Ana. CA 92701
Amount of Contract (See Agreement)
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
ENGINEERING SERVICES AGREEMENT
FOR
OCEAN FRONT BICYCLE TRAIL FEASIBILITY STUDY
THIS AGREEMENT is made and entered into this !S =� day of
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ddiy; 1985, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "CITY ", and the firm of AUSTIN -FOUST ASSOCIATES,
INC., a private corporation, hereinafter referred to as "ENGINEER"
WITNESSETH:
WHEREAS, the City Council on June 10, 1985, requested the Bicycle
Trails Citizens Advisory Committee and the Parks, Beaches and Recreation
Commission to study and to gather public opinion for the construction of an
Ocean Front bicycle trail, hereinafter referred to as "PROJECT "; and
WHEREAS, on the same date, the City Council approved an appropriation
of funds for a combination of sidewalk repair and the implementation of PROJECT;
and
WHEREAS, CITY wishes to study the implementation of the subject improve-
ments by performing preliminary planning and engineering studies; and
WHEREAS, ENGINEEER has submitted to CITY, a proposal dated July 3, 1985
to perform the aforesaid services; 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
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such services. The ENGINEER shall not sublet or transfer any
work except as otherwise provided herein.
II. SERVICES TO BE PERFORMED BY ENGINEER
A. ENGINEER agrees to perform all services and work as outlined
herein below:
1. ENGINEER shall conduct a detailed engineering feasibility
study to identify and evaluate alternatives and to deter-
mine their relative appeal /acceptance to the communities in
the vicinity of the PROJECT.
2. ENGINEER`s investigation shall include, but not be limited
to, the following alternatives:
a. Widening of the existing P.C.C. sidewalk facility.
b. Construction of a separate bikeway adjacent to the
existing sidewalk.
(1) Consider both parallel and meandering alignments.
c. Reconstruction and realignment of the existing
facility.
(1) Also consider both parallel and meandering
alignments.
d. No project, with the following variations thereto:
(1) All conditions remaining as is, with continued
joint pedestrian and bicycle use.
(2) Restriction of bicycle traffic along the existing
sidewalk.
(a) With careful consideration given to the alter-
native bicycle traffic routes and the impacts
upon traffic and safety.
(3) Sidewalk rehabilitation, but no additional
improvements.
(a) Evaluate the amount required and estimate the
associated costs.
3. ENGINEER shall assist in soliciting community input and
shall incorporate same into preliminary drawings and the
study findings report.
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a. ENGINEER shall attend one or more meetings of the
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Bicycle Trails Citizens Advisory Committee and /or its
subcommittee to present the alternatives considered and
to receive input from the community representatives.
b. ENGINEER shall prepare graphics appropriate for presen-
tation to various advisory groups and at public
meetings.
(1) Graphics shall depict a realistic illustration of
the various alternatives without extraneous details
or decoration. They should be simple.
4. ENGINEER shall prepare strip aerial photography over the
limits of the study area.
a. Ground control and surveying should be done prior to
the aerial photography to allow preparation of 40 -scale
plans with a one -foot contour interval should the
feasibility study show that to be necessary.
b. Maps used for the initial study report may be 80 scale.
c. Aerial photography may be sublet.
5. ENGINEER shall perform a traffic volume survey at various
locations along the existing sidewalk /bikeway.
a. The exact survey methodology shall be determined at a
later date.
(1) To be considered are alternatives using video
equipment or written observations from several manned
checkpoints.
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 shall provide the necessary standard mylar plan and pro-
file sheets required.
C. CITY shall make any permit applications to other agencies which
may be needed for the lawful performance of the work and
services outlined herein.
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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 1450 North Tustin Avenue,
Suite No. 108, Santa Ana, California 92701.
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.
VI. 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 and shall be completed within One
Hundred Eighty (180) calendar days from the same date.
VII. 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 Eleven Thousand Eight Hundred Ninety -two Dollars
($11,892).
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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, laboratory tests
and equipment used in the performance of services specified in
Section I1.
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 Hourly Rate
Traffic Engineer
$60.00
Registered Engineer
45.00
Senior Transportation Planner
35.00
Drafter
35.00
Graphics Artist
35.00
Senior Technician
35.00
Traffic Technician
22.00
E. ENGINEER shall be compensated for aerial photogrametric work
sublet to Robert Lung & Associates in the amount of One
Thousand Two Hundred Dollars ($1,200). Said amount to be a part
of the amount of compensation stated in Paragraph "A ", above.
F. 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.
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 One Thousand Dollars ($1,000)
shall require that an amendment for such additional services be
processed and executed by 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 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.
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
e_for
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professional malpractice, in the amount of $3;6969ee. The
policy shall provide for coverage of all claims occurring
during the term of the policy netwithstandiRg the faet that
the elaim may be asserted subse-Ment te '.he exp4ratieR of-
the icy.
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
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.
XI1. 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
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:
APPROVED AS TO FORM:
By:
Carol - Korade,'Asst. City Attorney
Address & Telephone:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
(714) 644 -3311
Austin -Foust Associates, Inc.
1450 North Tustin Avenue
Suite 108
Santa Ana, CA 92701
(714) 667 -0496
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CITY OF NEWPORT BEACH,
a Municipal Corporation
By: `t l
Robert L. Wynn, City Man ger
AUSTIN- FOUST, ASSOCIATES
A-