HomeMy WebLinkAboutC-2558 - PSA - Pavement Evaluation Program! i
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714( 640 -2251
TO: FINANCE DIRECTOR
Public Works qp ; i��q
FROM: CITY CLERK
DATE: April 21, 1986
SUBJECT: Contract No. C -2558
Description of Contract Engineering Agreement (Pavement
Evaluation Program 1985 -86)
Effective date of Contract April 21, 1986
Authorized by Minute Action, approved on April 14, 1986
Contract with Pavement Management Syst
Address 18103 -D Skypark S., #215
Irvine. CA 92714
Amount of Contract (See Agreement)
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
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TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: PAVEMENT EVALUATION PROGRAM, 1985 -86 (C -2558)
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RECOMMENDATION:
April 14, 1986
CITY COUNCIL AGENDA
ITEM NO. F -3(d}
BY THE CITY COUNCIL
`)TY OF NEWPORT REACH
APR 14 1986
APPPw"ED
Authorize the Mayor and the City Clerk to execute a professional ser-
vices agreement with Pavement Management Systems
DISCUSSION:
In the past, the City has performed asphalt pavement maintenance and
rehabilitation based upon (1) staff's knowledge of the pavement's construction,
traffic volume and maintenance history, and anticipated traffic volumes; (2)
staff's visual inventory and comparative evaluation of street surfaces; (3)
pavement tests performed by consultants for certain projects; and (4) the amount
of funds available for such work.
In recent years, a number of engineering firms have begun providing
comprehensive pavement evaluations to public agencies. Staff desires to engage
the services of one of these experienced pavement management consultants to test
and prepare a report on the condition of certain asphalt streets shown on the
attached sketch. The purpose of such an evaluation would be fourfold:
1. To either substantiate or to invalidate the City's past pavement
maintenance and rehabilitation procedures and practices;
2. To determine the present need for maintenance and rehabilitation
of the selected streets;
3. To project future needs for maintenance and rehabilitation of the
selected streets; and
4. To suggest alternative strategies of maintenance and rehabilita-
tion of the selected streets keyed to optimum budgetary costs,
average level of maintenance, availability of funds, etc.
To that end, staff invited three firms, Pavement Management Systems of
Denver, Carter Associates of San Diego, and Infrastructure Management Systems of
Arlington Heights, Illinois, to propose to provide the required testing and
report. All of these firms have extensive experience in providing pavement
evaluations to public agencies.
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ENGINEERING AGREEMENT
THIS AGREEMENT, entered into this day of
198 by and between the CITY OF NEWPORT BEACH, a municipal corporation,
(hereinafter referred to as "CITY ") and PAVEMENT MANAGEMENT SYSTEMS, whose
18103 —D Skypark S., #215, Irvine, CA 92714 :a)
address is (hereinafter
referred to as "ENGINEER "), is made with reference to the following:
RECITALS
A. CITY is a municipal corporation duly orgainized and validly
existing under the laws of the State of California with the power to carry on
its business as it is now being conducted under the Statutes of the State of
California and the Charter of the City.
B. CITY and ENGINEER desire to enter into a professional services
agreement for Pavement Evaluation Program 1985 -86 upon the terms and conditions
set forth herein.
NOW, THEREFORE, it is mutually agreed by and between CITY and ENGINEER
as follows:
SECTION 1. SERVICES TO BE PERFORMED BY ENGINEER
ENGINEER shall perform each and every service set forth in Exhibit
"A" which is attached hereto and incorporated herein by this reference.
SECTION 2. TIME OF COMPLETION
ENGINEER shall complete all services set forth in Exhibit "A"
on or before July 1, 1986.
SECTION 3. COMPENSATION TO ENGINEER
ENGINEER shall be compensated for services performed pursuant to
this Agreement in the amount and manner set forth in Exhibit "B" which is
attached hereto and incorporated herein by this reference.
SECTION 4. STANDARD OF CARE
ENGINEER warrants and guarantees that all services performed
hereunder shall be provided in a manner commensurate with the highest pro-
fessional standards and shall be performed by qualified and experienced person-
nel.
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SECTION 5. INDEPENDENT PARTIES
CITY and ENGINEER intend that the relation between them created by
this Agreement is that of employer - independent contractor. The manner and means
of conducting the work are under the control of ENGINEER, except to the extent
they are limited by statue, rule or regulation and the express terms of this
Agreement. No Civil Service status or other right of employment will be acquired
by virtue of ENGINEER'S services. None of the benefits provided by CITY
to its employees, including but not limited to unemployment insurance, workers'
compensation plans, vacation and sick leave, are available from CITY to
ENGINEER, its employees or agents. From any fees due ENGINEER, deductions shall
not be made for any State or Federal taxes, FICA payments, PERS payments, or
other purposes normally associated with an employer - employee relationship.
Payment of the above items, if required, are the responsibility of ENGINEER.
SECTION 6. 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 attorneys' fees, regardless of the merit or
outcome of any such claim or suit, arising from or in any manner connected to
ENGINEER'S negligent performance of services or work conducted pursuant to this
Agreement.
ENGINEER shall indemnify and hold harmless CITY, its City Council,
boards and commissions, officers, agents, servants, and employees from and
against any and all claims and losses whatsoever, including reasonable attor-
neys' fees, accruing or resulting to any and all persons, firms or corporations
furnishing or supplying work, services, materials, equipment or supplies arising
from or in any manner connected to the negligent performance of services or work
conducted or performed pursuant to this Agreement and arising out of or con-
nected to such services or work, and from any and all claims and losses what-
soever, including reasonable attorneys' fees, accruing or resulting to any
person, firm or corporation for damage, injury or death arising out of
ENGINEER'S services or work pursuant to this Agreement.
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SECTION 7. INSURANCE
On or before the commencement of the term of this Agreement,
ENGINEER shall furnish CITY with certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance
coverage. Such certificates, which do not limit ENGINEER'S indemnification,
shall also contain 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 the City of Newport
Beach."
It is agreed that ENGINEER shall maintain in force at all times
during the performance of this Agreement all appropriate coverage of insurance
required by this Agreement, and that said coverage of insurance shall be secured
from an insurance company assigned Policyholders' Rating A (or higher) and
Financial Size Category Class VIII (or larger) by the latest edition of Best's
Key Rating Guide and licensed to do insurance business in the State of
California.
A. INSURANCE COVERAGE REQUIRED
1. Workers' Compensation. Statutory coverage as required by the
State of California.
2. Liability. Comprehensive general and automotive 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 occurence
$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 shown
above.
B. 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 providing insurance to either ENGINEER or CITY with respect to the ser-
vices of ENGINEER herein, 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.
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C. FAILURE TO SECURE
If ENGINEER at any time during the term hereof, should fail to
secure or maintain the foregoing insurance, CITY shall be permitted to obtain
such insurance in ENGINEER'S name or as an agent of ENGINEER, and shall be com-
pensated by ENGINEER for the costs of such insurance at the maximum rate per-
mitted by law computed from the date written notice is received that such costs
have been paid.
D. ADDITIONAL INSURED
CITY, its City Council, boards and commissions, officers, agents,
servants and employees shall be named as an additional insured under all
insurance coverages required by 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 addi-
tional insured named herein shall not be held liabile 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.
SECTION 8. PROHIBITION AGAINST TRANSFERS
ENGINEER shall not assign, sublease, hypothecate, or transfer this
Agreement or any interest therein directly or indirectly, by operation of law or
otherwise, without the prior written consent of CITY; any attempt to do so
without said consent shall be null and void, and any assignee, sublessee,
hypothecate or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other dispostion of any of the
issued and outstanding capital stock of ENGINEER, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if ENGINEER
is a partnership or joint venturer or syndicate or cotenancy, which shall
result in changing the control of ENGINEER, shall be construed as an assignment
of this Agreement. Control means fifty percent (50 %) or more of the voting
power of the corporation.
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SECTION 9. PERMITS AND LICENSES
ENGINEER, at its sole expense, shall obtain and maintain during
the term of this Agreement, all appropriate permits, licenses and certificates
that may be required in connection with the performance of services hereunder.
SECTION 10. REPORTS
Each and every report, draft, work - product, map, record and other
document reproduced, prepared or caused to be prepared by ENGINEER pursuant to
or in connection with this Agreement shall be the exclusive property of CITY.
No report, information or other data given to or prepared or
assembled by ENGINEER pursuant to this Agreement shall be made available to
any individual or organization by ENGINEER without prior approval of CITY.
ENGINEER shall, at such time and in such form as CITY may require,
furnish reports concerning the status of services required under this Agreement.
SECTION 11. 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 services under this Agreement.
ENGINEER shall maintain adequate records on services provided in
sufficient detail to permit an evaluation of services. 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 CITY the right to examine and audit same, and
to make transcripts therefrom as necessary, and to allow inspection of all work,
data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be kept separate from other
documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
SECTION 12. NOTICES
All notices, demands, requests or approvals to be given under this
Agreement, shall be given in writing and conclusively shall be deemed served
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when delivered personally or on the second business day after the deposit
thereof in the United States mail, postage prepaid, registered or certified,
addressed as hereinafter provided.
All notices, demands, requests, or approvals from ENGINEER to CITY
shall be addressed to CITY at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
All notices, demands, requests, or approvals from CITY to ENGINEER
shall be addressed to ENGINEER at:
Pavement Management Systemsjf�,
366f5kxkN%xmbe�x&xWxxRa& ✓:j'18103 —D Skyypark S. , #215
}cgxgaa��g Irvine, Ca1�.fornia 92714
Attn: James R. Hallman
SECTION 13. TERMINATION
In the event ENGINEER hereto fails or refuses to perform any of
the provisions hereof at the time and in the manner required hereunder, ENGINEER
shall be deemed in default in the performance of this Agreement. If such
default is not cured within a period of five (5) days after receipt by ENGINEER
from CITY of written notice of default, specifying the nature of such default
and the steps necessary to cure such default, CITY may terminate the Agreement
forthwith by giving to the ENGINEER written notices thereof.
CITY shall have the option, at its sole discretion and without
cause, of terminating this Agreement by giving thirty (30) days written notice
to ENGINEER as provided herein. Upon termination of this Agreement, each party
shall pay to the other party that portion of compensation specified in this
Agreement that is earned and unpaid prior to the effective date of termination.
SECTION 14. 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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SECTION 15. ADVERTISEMENT
ENGINEER shall not post, exhibit, display or allow to be posted,
exhibited, displayed any signs, advertising, show bills, lithographs, posters or
cards of any kind unless prior written approval has been secured from CITY to do
otherwise.
SECTION 16. COMPLIANCES
ENGINEER shall comply with all laws, State or Federal, and all
ordinances, rules and regulations enacted or issued by CITY.
SECTION 17. NUISANCE
ENGINEER shall not maintain, commit, or permit the maintenance or
commission of any nuisance in connection with the performance of services under
this Agreement.
SECTION 18. SAFETY REQUIREMENT
All work performed under this contract shall be performed in such
a manner as to provide safety to the public and to meet or exceed the safety
standards outlined by CAL -OSHA. CITY reserves the right to issue restraint or
cease and desist orders to the ENGINEER when unsafe or harmful acts are observed
or reported relative to the performance of the work under this Agreement.
The ENGINEER shall maintain the work sites free of hazards to per-
sons and /or property resulting from his operations. Any hazardous condition
noted by the ENGINEER, which is not a result of his operations, shall imme-
diately be reported to CITY.
SECTION 19. SUBCONTRACTOR APPROVAL
Unless prior written consent from CITY is obtained, only those
people and subcontractors whose names and addresses appear in this Agreement or
any attachments hereto shall be used in the performance of this Agreement.
Request for additional subcontracting shall be submitted in writing, describing
the scope of work to be subcontrated and the name of the proposed subcontractor.
Such request shall set forth the total price or hourly rates used in preparing
an estimated cost for the subcontractor's services.
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SECTION 20. 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.
SECTION 21. 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be exe-
cuted on the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
r.
ZTty Attorney
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CITY OEVEWPORT BEACH,
a Whicial CorD"abion
ENGINEER
By
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EXHIBIT "A"
SERVICES TO BE PERFORMED BY ENGINEER
ENGINEER shall provide all necessary services except for determining
(1) annual average daily traffic, (2) percent of commercial vehicles, (3) pro-
jected traffic growth, and (4) special load information. Such information, plus
reports on available materials and pavment structure shall be provided by CITY
for ENGINEER's use.
ENGINEER's services shall include, but not be limited to providing:
1. Dynaflect Testing
a. A 100 -foot test interval on both lanes of all streets in Tract
3068 (Anniversary Lane, et al.)
b. A 100 -foot test interval on two lanes in each direction on
Newport Center Drive (from the circle to Pacific Coast Highway)
and on Jamboree Road (from Bristol Street South to Pacific
Coast Highway).
c. A 200 -foot test interval on one lane in each direction on the
balance of streets shown on the attached sketch.
2. Surface Distress Inventory and Photo L
A surface distress inventory will be completed for each section
of street tested. Distresses inventoried will include various
types of cracking, rutting, crowning, flushing, bleeding, raveling,
distortion and edge cracking.
3. Materials Report
A maximum of 35 cores will be required for a maximum of 35
pavement sections.
4. Traffic Control
A staffed pickup truck with a flashing arrow board will follow
a sufficient distance behind the test vehicle.
5. Engineering Report
The report will present test results in numerical tabulations
and in Dynaplots. Overlay recommendations will be specified at each
test station, except that analysis will be provided to indicate the
number of years until an overlay will be necessary wherever
overlays are not immediately required. Maintenance guidelines and
years to failure will be provided for those streets which are sound
during testing. Six copies of the final report will be delivered
to CITY upon completion of ENGINEER's work.
EXHIBIT "B"
COMPENSATION TO ENGINEER
A. In consideration of the performance of services specified under
Exhibit "A" of this Agreement, CITY hereby agrees to compensate
ENGINEER not more than the following amounts for completed work:
1. Deflection Testing: Lump Sum $8,638
2. Coring Not to Exceed $3,500
3. Traffic Control 6 days minimum $ 690
17 days maximum $1,680
B. All costs incurred by ENGINEER during the performance of terms and
conditions specified in this Agreement and services specified
under Exhibit "A" attached thereto shall be included and absorbed
into the amounts shown above.
C. In no event shall total compensation to ENGINEER be greater than
Thirteen Thousand Eight Hundred Eighteen Dollars ($13,818).
D. CITY shall remit payment to ENGINEER within 30 days after receipt
of ENGINEER's invoice for completed work.
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