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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 • • u TO: CITY COUNCIL FROM: Public Works Department SUBJECT: PAVEMENT EVALUATION PROGRAM, 1985 -86 (C -2558) Y 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. 1-?s) ^ \. �� ;�) � ., t_.e. -.,ry vier ,,, j � • �Ji I4 a w. _ t t I .Wr , !. Ica f !r \. "9_ t Y' € 1 ' •.1 , ? � . a .,.,�. r _e Aiij rc C, t11 �- �,, •.��, f,�f i's_�aj ��� � s T � f..,�. � ' i .� c �� ��r^ry' li 7�.� ��✓ 51. �t�l` /� l� �v �'y''v x ,x 'd � -^7 't€ ^ ,+ ��• r � F irk' S� % ��✓y -� ��.1 ,� S:_ ,� {y k. :1 i�l , yr� r -� t •".• t tt \ \.s'":1 -t_ � 4-� �L: - },• � )r 'i i 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. Iof8 0 0 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. 2of8 0 0 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. 3of8 ! • 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. 4of8 0 0 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 5of8 0 E 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. 0 0 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. 7of8 s • 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 i � i CITY OEVEWPORT BEACH, a Whicial CorD"abion ENGINEER By 0 0 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. 0 .0 zj .0 9 ti Ol A -y Li it L7F IXA Ic J, k rk NJ