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HomeMy WebLinkAboutC-2532(A) - Engineering Services for Ocean Front Bicycle Trail Feasibility Studya r- �_ 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 ,4 W. OtFr 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 Iof9 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. 2of9 Y a. ENGINEER shall attend one or more meetings of the I , 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. 3of9 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). H i VIII 0 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. kirems') 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: 6of9 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 �cr � �'�� 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. 7of9 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. 915101 • 0 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 9 of 9 CITY OF NEWPORT BEACH, a Municipal Corporation By: `t l Robert L. Wynn, City Man ger AUSTIN- FOUST, ASSOCIATES A-