HomeMy WebLinkAboutC-2892(A) - Hazel Drive Water and Sewer Main Reconstruction0 to
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: September 20, 1993
SUBJECT: Contract No. C- 2892(A)
Description of Contract Professional Services for Design of
the Hazel Drive Water & Sewer Main Replacement Project
Effective date of Contract August 27, 1993
Authorized by Minute Action, approved on August 23, 1993
Contract with Daniel Boyle Engineering Inc.
Address 23231 South Pointe, Suite 103
Laguna Hills, CA 92653
Amount of Contract (See Agreement)
1 / 6
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
G/
• r (3,F)
TO: Mayor & Members of the City Council
FROM: Utilities Department
August 23rd, 1993
CITY COUNCIL AGENDA
ITEM NO._ 5
C° - 2112-!W)
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF
HAZEL DRIVE WATER & SEWER MAIN RECONSTRUCTION PROJECT
PREPARATION OF DETAILED PLANS & SPECIFICATI:ONS BY
DANIEL BOYLE ENGINEERING, INC.
RECOMMENDATION:
If desired, authorize the Mayor and the City Clerk to execute a
Professional Services Agreement on behalf of the City, with
Daniel Boyle Engineering, Incorporated to prepare detailed
Plans and Specifications for reconstruction of the water and
sewer mains in Hazel Drive for a fixed fee of $37,400.
BACKGROUND:
The City's water system is comprised of over 200 miles of pipelines
ranging in diameter from 4 inches to 30 inches. Portions of the City's water
transmission and distribution pipeline system were installed many years ago.
One of the older water mains in operation is the 6 -inch diameter pipeline in
Hazel Drive that runs from Coast Highway southerly toward Ocean Boulevard.
The pipe was installed in 1925. It is over 60 years old. During the era between
the turn of the century and World War II, one of the most commonly installed
type of pipe material was cast iron pipe. Pipe was manufactured in 18 -foot
lengths by casting molten iron in vertical sand molds. The 6 -inch pipe in Hazel
Drive was manufactured using this sand - casting technique. The pipe has been
subjected to highly corrosive soil and carries water that has a tendency to leave
mineral deposits on the interior of the pipe walls.
The pipe walls have thinned considerably due to the effects of the
corrosive soils in the area. The interior of the pipe has succumb to the effects
of rust and corrosion. Inspections of the pipe interior during recent
maintenance have revealed a rather significant build -up of rust and corrosion
by- products called tuberculation. A lay- person's description of tuberculation
might be "rust barnacles ". The original inside diameter of the pipe has been
reduced to less than 3- inches of open area. Put simply, the pipe has outlived
its useful life and it is in great need of replacement.
The sewer main in Hazel Drive is also quite old and deteriorated.
Many of the lateral connections to the main are chimney -type laterals. These
laterals are more prone to stoppages and are costly and difficult to maintain.
The proposed reconstruction project will eliminate the chimney -type laterals and
will redirect flows from the northerly portion of the project limits back toward
Coast Highway. This will reduce sewage flows tributary to the Buck Gully Sewer
Pump Station which will in turn, result in lower energy and pumping costs.
9 6
Page 2
Professional Services Agreement
Hazel Drive Water & Sewer Project
August 23, 1993
To implement this water and sewer main replacement project, the
Council approved components in the 1992 -93 and 1993 -94 capital budgets as a
part of the Water and Sewer Fund Capital Projects. The balances of last year's
funds were carried over to this fiscal year to design and construct the project.
Staff invited several firms to submit statements of qualifications
and experience. After consideration of qualifications and experience, staff
requested that four firms submit proposals. They were: Willdan, MacDonald -
Stephens Consulting Engineers, Daniel Boyle Engineering Inc. and ASL
Consulting Engineers.
The Utilities Department Selection Committee chose Daniel Boyle
Engineering, Inc. to perform the required professional services. Daniel Boyle
has a team of well qualified, technical professionals and designers who have
experience with similar water and sewer main replacement projects.
The proposed Professional Services Agreement with Daniel Boyle
Engineering, Inc. provides for preparation of a water & sewer main replacement
design and preparation of construction specifications and detailed plans with
written special provisions and documents suitable for bidding and
construction.
Funds are available in the Water Fund under Capital Projects
Account No. 7503 - 985003 and in the Sewer Enterprise Fund under Capital
Projects Account No. 7533 - 98530001. If approved, the final design effort can
commence immediately. Plans and specifications could be ready for bidding by
mid - November. Construction is proposed for the period immediately after the
Christmas holiday season. Staff recommends approval of this design contract.
Respectfully submitted,
-iE,-F SrA �Rr
Jeff Staneart, P.E.
Utilities Director
JS:sdi
Attachments: Professional Services Agreement
i
RGREEMENT
PROFESSIONAL SERVICES
FOR DESIGN OF THE
HAZEL DRIVE WATER Sr SEWER MAIN REPLACEMENT PROJECT
THIS AGREEMENT is made and entered into this 27712i day of
August, 1993, by and between the City of Newport Beach, a municipal Corporation,
hereinafter referred to as "CITY ", and Daniel Boyle Engineering, Incorporated, a
California Corporation, hereinafter referred to as "CONSULTANT ".
WITNESSETH:
WHEREAS, "CITY ", operates a municipal water distribution system and
numerous water facilities to deliver potable water to its customers, and;
WHEREAS, 'CITY" as a part of its mission under the Water & Sewer Master
plans is obligated to keep hundreds of miles of water and sewer piping operating in an
efficient and progressive manner, and;
WHEREAS, "CITY'S" Hazel Drive Water Main is an existing 6 -inch diameter cast
iron water main constructed in 1926, which has deteriorated severely, and;
WHEREAS, " CITY's" Hazel Drive Sewer Main is an existing 8 -inch diameter
glazed clay pipe with deteriorated leaking concrete joints and chimney -type lateral
connections, and;
WHEREAS, "CITY" desires to replace the deteriorated water and sewer mains in
Hazel Drive, and;
WHEREAS, 'CITY" desires to prepare a design for replacement of the water and
sewer mains, the replacement of which is hereinafter be referred to as "PROJECT ", and;
WHEREAS, implementation of the design of said "PROJECT" requires the
services of a qualified engineering design consultant, and;
WHEREAS, 'CITY" has solicited and received a proposal from "CONSULTANT"
for preparation of the "PROJECT" design and to provide certain other essential
professional services, as outlined herein below, and;
WHEREAS, "CITY" has reviewed the previous experience and has evaluated the
expertise of "CONSULTANT" and desires to accept the proposal submitted by
"CONSULTANT ", and;
•
C
2892!N)
FILt
�XIUIJAL
GiTq
cLEjZK
RGREEMENT
PROFESSIONAL SERVICES
FOR DESIGN OF THE
HAZEL DRIVE WATER Sr SEWER MAIN REPLACEMENT PROJECT
THIS AGREEMENT is made and entered into this 27712i day of
August, 1993, by and between the City of Newport Beach, a municipal Corporation,
hereinafter referred to as "CITY ", and Daniel Boyle Engineering, Incorporated, a
California Corporation, hereinafter referred to as "CONSULTANT ".
WITNESSETH:
WHEREAS, "CITY ", operates a municipal water distribution system and
numerous water facilities to deliver potable water to its customers, and;
WHEREAS, 'CITY" as a part of its mission under the Water & Sewer Master
plans is obligated to keep hundreds of miles of water and sewer piping operating in an
efficient and progressive manner, and;
WHEREAS, "CITY'S" Hazel Drive Water Main is an existing 6 -inch diameter cast
iron water main constructed in 1926, which has deteriorated severely, and;
WHEREAS, " CITY's" Hazel Drive Sewer Main is an existing 8 -inch diameter
glazed clay pipe with deteriorated leaking concrete joints and chimney -type lateral
connections, and;
WHEREAS, "CITY" desires to replace the deteriorated water and sewer mains in
Hazel Drive, and;
WHEREAS, 'CITY" desires to prepare a design for replacement of the water and
sewer mains, the replacement of which is hereinafter be referred to as "PROJECT ", and;
WHEREAS, implementation of the design of said "PROJECT" requires the
services of a qualified engineering design consultant, and;
WHEREAS, 'CITY" has solicited and received a proposal from "CONSULTANT"
for preparation of the "PROJECT" design and to provide certain other essential
professional services, as outlined herein below, and;
WHEREAS, "CITY" has reviewed the previous experience and has evaluated the
expertise of "CONSULTANT" and desires to accept the proposal submitted by
"CONSULTANT ", and;
0
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and
understood that:
I. GENERAL
A. "CITY" engages "CONSULTANT" to perform the described services for the
consideration hereinafter stated.
B. "CONSULTANT" agrees to perform the described services in accord with the
terms and conditions hereinafter set forth.
C. "CONSULTANT" 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. "CONSULTANT" shall not sublet, transfer or assign any work except
as otherwise provided for herein or as authorized in advance by the "CITY ".
II. SERVICES TO BE PERFORMED BY CONSULTANT
"CONSULTANT" shall provide the following listed professional services to "CITY ".
A. "CONSULTANT" shall provide the necessary services to complete the defined tasks
associated with the design phase of the "PROJECT ". Those tasks include the
following:
1. Meetings with City staff.
a. "CONSULTANT" shall keep City Project Manager apprised of the progress
being made on the "CONSULTANT'S" design activities. Such appraisal shall
be made via telephone, in writing as appropriate and via the meetings
mentioned herein below.
b. "CONSULTANT" shall meet with the City staff for an orientation meeting,
again for a 50'9 design review, again for a 90% design review, and again
for a 100 %, design review for the "PROJECT ". Other meetings may be held
on an as- needed basis.
b. "CONSULTANT" shall meet with the Public Works Department staff for
coordination of the Sewer and Water Main Project with the City prepared
Street Improvement Project. The final bid package shall be one bid
package for construction.
2. Review Background Data.
a. "CONSULTANT" shall, in an effort to relay relevant information to their staff,
review the pertinent background data obtained at the meetings with City staff
and /or as provided by "CITY" during the course of the "PROJECT ".
b. "CONSULTANT" is entitled to rely on materials provided by or through
City without independent evaluation by "CONSULTANT ".
0 0
c. "CONSULTANT' shall perform a field and control survey to accurately
reflect the existing surface conditions. This survey will be used to prepare
accurate base sheets.
3. Plans Preparation.
a. "CONSULTANT" shall complete the required drawings and plans for
'PROJECT'. A listing of those drawings included in this phase shall include
at least the following:
1. Preparation of a "Title Sheet" with legend, notes, benchmark, basis of
bearings and vicinity map associated with the 'PROJECT'.
2. Preparation of 'Plan and Profile Sheets' as required to detail the Sewer
and Water main alignment in Hazel Drive, the 18 -inch water main
relocation in Coast Highway and Poppy Avenue and the 6 -inch sewer
force main replacement in Hazel Drive in accord with City Standards
associated with the "PROJECT ".
3. Preparation of "Detail Sheets" as required to fully illustrate and show
all fittings, tie -ins, and water valve vault and appurtenances associated
with the 'PROJECT'.
4. Preparation of "Traffic Control Sheets" as required to show proper
traffic delineation per the W.A.T.C.H. handbook, latest edition in Coast
Highway associated with the "PROJECT ".
b. "CONSULTANT" shall deliver up to seventy-five (75) complete plan sets
including the street improvement plans from Public Works Department
for construction bidding purposes.
4. Specifications Preparation.
a. "CONSULTANT' shall complete preparation of detailed written
specifications, bid proposal, standard special provisions, special
provisions, compile City standard contract forms, coordinate and include
the specifications from Public Works for the Street Improvement Project
and bind them for "PROJECT ".
b. "CONSULTANT' shall include within the special provisions; the method
of providing sewer and water service during construction; and the method
of reconnection of all sewer and water services.
c. "CONSULTANT' shall utilize City Standard Specifications and shall
prepare them in the standard format.
Construction documents are intended to be publicly bid as a complete
package which shall meet the requirements of "CITY" and all
applicable local and State laws.
d. "CONSULTANT' shall deliver up to seventy-five (75) complete
specification sets. "Complete set" means bound standard specifications
with special provisions, contract documents, bid proposal, engineers
estimate and reduced construction drawings with a colored cover page
and acetate front and back cover.
9
5. Cost Estimate & Schedule.
a. "CONSULTANT" shall prepare a detailed written cost estimate and
construction schedule for "PROJECT ". Estimate shall be transmitted to
'CITY" with a written memorandum of transmittal and explanation.
Any opinion of construction cost prepared by "CONSULTANT"
represents his judgment as a design professional and is supplied for
the general guidance of the "CITY ". Since "CONSULTANT" has no
control over the cost of the labor and material, or over competitive
bidding or market conditions, "CONSULTANT" need not
guarantee the accuracy of such opinion as compared to Contractor
bids or actual cost to the "CITY ".
6. Construction Phase Services
a. "CONSULTANT" shall perform the following during the construction
phase:
1. Visit the site at scheduled intervals or as otherwise agreed by the
"CITY' and "CONSULTANT ", to become generally familiar with the
progress and quality of the work and to provide assistance to the
"CITY" to verify the work is being performed substantially in accord
with the contract documents.
2. "CONSULTANT" shall not be required to make exhaustive or
continuous on -site inspections to assess the quality or quantity of
work and shall not be responsible for the contractor's failure to
carry out the work in accord with contract documents.
3. Prepare change order work and review shop drawings as requested by
"CITY ", including all drawings or specifications necessary to describe
and detail the work to be added, deleted or modified. Should said
work require a substantial addition to the plan set, then additional
compensation to "CONSULTANT" would be authorized.
4. Prepare "record" drawings based upon change orders and addenda to
the extent approved by "CM" and incorporated into the construction
of the Project. "CITY" shall require the contractor to submit "as- built"
drawings of actual construction installations to "CONSULTANT" for
use in preparing "record" drawings.
5. "CONSULTANT" shall provide one set of construction stakes for
the sewer and water mains in Hazel Drive, the 18 -inch water main
and water valve vault in Coast Highway and Poppy Avenue, the
6 -inch sewer force main in Hazel Drive, all sewer and water
connections and fire hydrant locations for the "CITY'S" Contractor.
Any additional staking or any restaking or costs thereof will be the
responsibility of the Contractor.
0
III. DUTIES OF THE CITY
In order to assist the "CONSULTANT" in the execution of his responsibilities
under this Agreement, "CITY" agrees to provide the following:
A. Provide any background information, reports, contracts, specifications,
proposals or agreements as may be available or are in existence, which may
be germane to the proper preparation and completion of the
"CONSULTANT'S" defined duties.
B. Assist "CONSULTANT" with interpretation of "CITY" standards and design
criteria. Meet with "CONSULTANT" as necessary to provide input or
direction on matters pertaining to completion of specifications and final
construction plans.
C. Review plans, specifications and other documentation provided by
"CONSULTANT" relative to "PROJECT" in a timely fashion.
D. Act as the Project Manager and provide construction contract administration
and field inspection on the proposed project, once designed and awarded for
construction.
IV. TIME OF COMPLETION AND LIQUIDATED DAMAGES
"CONSULTANT" shall commence work immediately upon receipt of written notice
to proceed. Work as required herein, shall be completed in a diligent and efficient
manner to the execution of its completion. All work, with the exception of the
construction phase services required to advertise for construction shall be completed
no later than December 2,1993. It is mutually agreed by "CONSULTANT" and
'CITY" that liquidated damages of three hundred dollars ($300.00) per calendar day
shall be assessed "CONSULTANT" for delays beyond the above specified completion
date. Said damages shall be deducted from the " CONSULTANT's" fee.
The term of this Agreement shall expire thirty (30) calendar days after the date the
"PROJECT" is completed and accepted by "CITY ". It is agreed and understood by
both parties, that this is sufficient time to complete all such activities and tasks
associated with the " PROJECT ", including "as -built drawing" preparation.
V. OWNERSHIP OF DOCUMENTS
Original drawings and other deliverable documents to be provided by
"CONSULTANT" under this Agreement shall become the exclusive property of
'CITY" and may be reproduced as deemed necessary by "CITY" or its duly
authorized representative. However, any use of completed deliverables or
documents for purposes other than for this "PROJECT ", or any use of
incomplete documents, shall be at "CITY's" sole risk, and "CITY" shall
indemnify "CONSULTANT" for any damages incurred as a result of such use.
No report, drawing, map, document or other data given to or prepared or
assembled by "CONSULTANT" pursuant to this Agreement shall be made
available to any individual or organization by "CONSULTANT" without prior
written approval by "CITY ", unless required by subpoena.
0
9
"CONSULTANT" may reserve the right to publish materials or reports related to
the work performed or data collected under the provisions of this Agreement.
The right to publish shall be at the sole discretion of the "CITY" and written
permission must be obtained by "CONSULTANT" from "CITY" on a case by case
basis. Blanket publishing approval shall not be granted.
"CONSULTANT" is granted permission to show to prospective clients reports and
data which have been accepted by "CITY" as prepared Linder this Agreement.
VI. RIGHT OF TERMINATION
A. "CITY" reserves the right to terminate this Agreement without cause at any time
by giving "CONSULTANT" five (5) business days prior written notice. Notice
shall be deemed served when delivered personally or upon deposit in the United
States mail, postage prepaid, addressed to the "CONSULTANT's" business office
at 23231 South Pointe Drive, Suite 103, Laguna Hills, California 92653.
B. "CONSULTANT" may terminate this Agreement after ten (10) days' written
notice from "CONSULTANT" to "CITY" notifying "CITY" of it's substantial
failure to perform in accord with the terms of this Agreement, if , the "CITY"
has not corrected it's non - performance within that time.
C. In the event of termination due to errors, omissions, or negligence of
"CONSULTANT ", "CITY" shall be relieved of any obligation to compensate
"CONSULTANT" for that portion of work directly affected by such errors,
omissions, or negligence of "CONSULTANT ". If this Agreement is
terminated for any other reason, "CITY" agrees to compensate
"CONSULTANT" for the actual services performed up to the effective date of
the "Notice of Termination ", on the basis of the fee schedule contained herein.
VII. SUBCONTRACTORS AND ASSIGNMENT
A. None of the services included in this Agreement shall be assigned, transferred,
contracted or subcontracted without prior written approval of "CITY ".
B. Neither "CONSULTANT" nor "CITY" shall assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written
consent of the other party; provided, however, that claims for money due or to
become due "CONSULTANT" from 'CITY" Linder this Agreement may be
assigned to a bank, trust company or other financial institution, or to a trustee in
bankruptcy, without such approval. Notice of any such assignment or transfer
shall be promptly furnished to "CITY ".
C. In the performance of this "PROJECT ", "CONSULTANT" may utilize the services
of a private surveying firm to complete those tasks which require surveying and
related professional tasks. Said surveying firm, Bush & Associates, Inc., shall be
directed and compensated by "CONSULTANT" as if said firm were a direct
employee of "CONSULTANT ".
1. Compensation for 'SUBCONSULTANT's" services shall not be more than six
thousand three hundred twenty five dollars ($6,325.00) and shall be paid to in
accord with the limits of the "not -to- exceed" fee listed herein below. No
additional compensation shall be made therefor.
D. In the performance of this "PROJECT ", "CONSULTANT" may utilize the services
of a private firm to complete those tasks which require traffic engineering and
related professional tasks. Said surveying firm, Traffic Control Engineering, Inc.,
shall be directed and compensated by "CONSULTANT" as if said firm were a
direct employee of "CONSULTANT ".
1. Compensation for Traffic Control Engineering, Inc. services shall be a lump
sum fee of two thousand five hundred thirty dollars ($2,530.00) and shall be
paid to in accord with the limits of the "not -to- exceed" fee listed herein below.
No additional compensation shall be made therefor.
VIII. PAYMENT AND FEE SCHEDULE
A. In consideration for the specified services, "CITY" hereby agrees to compensate
"CONSULTANT" on an hourly basis as set forth below in the "PAYMENT & FEE
SCHEDULE ". In no event shall said amount be greater than the amount of thirty
seven thousand four hundred dollars ($37,400), inclusive of the subcontract services
defined herein, except as otherwise provided for herein below.
B. PAYMENT AND FEE SCHEDULE
personnel
hourly rates
ManagingEngineer ................................................................ ...............................
595.00
PrincipalEngineer .................................................................. ...............................
86.00
SeniorEngineer IL ........................................ ...............................
.......................... 83.00
tieniorEngineer I .._._._...._ ........................................ ...... .... .......
.... .......... .......... 81.00
Senior Associate Engineer ..................................................... ...............................
78.00
AssociateEngineer 11 ............................................................. ...............................
73.00
AssociateEngineer I ............................................................... ...............................
70.00
Senior Assistant Engineer ........................... ...............................
.......................... 65.50
Assistant Engineer It .............................................................. ...............................
56.00
AssistantEngineer I ............................................................... ...............................
52.00
Resident Project Representative ........................................... ...............................
51.00
Construction Representative ...................... ...............................
.......................... 48.00
SeniorDesigner ....................................................................... ...............................
54.00
De,igner ................................................................................... ...............................
51.00
DrafterII .................................................................................. ...............................
41.00
DrafterI .................................................................................... ...............................
36.00
DrafterAsti istant ............. ................................................................................
29.00
Survey (2 -man) Crew - Bush & A, sociate, ......................... ...............................
138.00
Survey (3 -man) Crew - BUSII & Associates ......................... ...............................
181.70
C. The contract amount shall be paid to "CONSULTANT' in monthly partial
payments based on the amount of hours worked and expenses incurred during
each monthly pay period based on the actual hours of labor expended as
determined by the Project Manager for "CITY ". The sum of the partial payments
shall not exceed ninety percent (90 %) of the maximum fee as set forth in paragraph
"A" herein above. The balance of the total amount earned shall be paid upon
completion of the work specified herein.
D. In addition to the fixed, not- to-exceed fee, "CITY" agrees to reimburse
"CONSULTANT" for the actual cost (plus 10 %) for all outside expenses including
those for: reproduction for copies of plans, reports and related documents,
material costs authorized in advance by the Project Engineer for "CITY ", and
other reasonable expenses, where such costs have been advanced by
"CONSULTANT" and approved in advance by "CITY ".
1. "CONSULTANT" shall provide written records (originals) of all expenses
incurred, and shall report all hours expended in the performance of his duties
and tasks on a bi- weekly basis. "CITY" agrees to pay "CONSULTANT" within
thirty (30) calendar days of the receipt of said records and hourly summary.
2. "CONSULTANT" shall not be compensated for use of "CONSULTANT'S"
equipment, hardware, software materials or reproduction. Said costs are non-
compensable. Time expended by "CONSULTANT'S" personnel on such
equipment shall be paid on the basis of the "FEE SCHEDULE" herein above.
IX. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be performed by
"CONSULTANT" shall be made without prior written approval from "CITY ". In
consideration for performance of additional services authorized by "CITY" in
writing, "CITY" hereby agrees to compensate "CONSULTANT" an amount based
upon the hourly rate as submitted to "CITY" in the "FEE SCHEDULE ", except that an
increase in the total compensation exceeding four thousand dollars ($4,000.00) shall
require that an amended Agreement for such additional services be executed by the
"CONSULTANT" and "CITY ".
X. RECORDS
"CONSULTANT" 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 specified under this Agreement. All such records shall be
maintained in accord with generally accepted accounting principles and shall be
clearly identified and readily accessible. "CONSULTANT" shall provide free access to
the representatives of "CITY" or its designees at all proper times upon reasonable
notice to "CONSULTANT" to such books and records, and gives "CITY" the right to
examine and audit same, and to make transcripts therefrom as deemed necessary at
"CITY's" cost, and to allow inspection of all work, data, documents, proceedings and
activities related to this Agreement.
XI. INSURANCE
A. On or before the date of execution of this Agreement, "CONSULTANT" shall
furnish "CITY" with completed certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance
policies. "CONSULTANT" shall use the "CITY's" Insurance Certificate form for
endorsement of all policies of insurance. The certificates do not limit
' CONSULTANT's" indemnification, and also contain substantially the
following statement: "The insurance covered by this certificate may not be
canceled, non - renewed, except after thirty (30) days' written notice has been
received by "CITY ". Coverage may not be reduced or otherwise materially
altered without the same advance notice to "CITY" of such alteration.
B. "CONSULTANT" shall maintain in force at all times during the performance
of this Agreement, policies of insurance required by this Agreement; and said
policies of insurance shall be secured from an insurance company assigned
Policyholders' Rating of "B" (or higher) and Financial Size Category "XV" (or
larger) in accord with an industry -wide standard and shall be licensed to do
business in the State of California. However, the minimum rating for the
"CONSULTANT's- Errors & Omissions carrier shall be "B + ", "VIII" or better.
1. An appropriate industry -wide insurance rating standard shall be
deemed "Best's Key Rating Guide ", latest edition.
C. "CONSULTANT" shall maintain the following minimum coverages:
Liability Insurance
General liability coverage shall be provided in the following minimum
limits:
Category Amount
Bodily Injury $ 1 „000,000 each occurrence
$ 1,000,000 aggregate
Property Damage $ 1,000,000 each occurrence
$ 1,000,000 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.
Errors & Omissions Insurance
Errors & Omissions coverage shall be provided in the amount of one
million dollars ($1,000,000.00).
D. Subrogation Waiver
In the event of loss or claim of loss due to any of the perils for which it has
agreed to provide general liability insurance, "CONSULTANT” shall look
solely to its insurance for recovery. "CONSULTANT" hereby grants to
"CITY ", on behalf of any general liability insurer providing insurance to
either "CONSULTANT" or "CITY" with respect to the services of
"CONSULTANT ", a waiver of any right of subrogation which any such
insurer of said "CONSULTANT" may acquire against "CITY" by virtue of the
payment of any loss under such insurance.
E. Additional Insured
"CITY ", its City Council, boards and commissions, officers, servants and
employees shall be named as an additional insured under all insurance
policies required under this Agreement, except Errors & Omissions
Insurance. 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 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 provides{ by this policy. Proceeds from any such
policy or policies shall be payable to "CITY" primarily, and to
"CONSULTANT" secondarily, if necessary.
XII. WAIVER
A waiver by "CITY" or "CONSULTANT' 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 different character.
XIII. 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 cost of
litigation.
XIV. 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 "CONSULTANT'.
XV. HOLD HARMLESS
"CONSULTANT" shall indemnify and hold harmless, "CITY', its City Council,
boards and commissions, officers, and employees from and against any and all
loss, damages, liability, claims, suits, costs and expenses, whatsoever,
including reasonable costs of litigation, arising from "CONSULTANT'S"
negligent acts, errors or omissions, in the performance of services hereunder.
10
0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
first date above written:
APPROVED AS TO FORM:
Rubin Flory
Assistant City
ATTEST:
City of Newport Beach,
a municipal corporation
Clarence 1 6'rner, Mayor
"CITY"
Daniel Boyle Engineering, Incorporated
a California Corporation
Wanda Raggio Thomas B Hoo ,'r., Vic ident
City Clerk "CONSUL
Address and Telephone:
City of Newport Bca.:h Daniel Boyle Engineering Incorporated
3300 Newpon Boulevard 23231 South Pointe, SUILe 103
Nenport Beach, California -)2059 -1'168 Laguna Bills, California 92653
(714)61 -3071 i71a)6a6 -52O =i (FAX) +;14)70x3 -2600 (714)586 -5488 (FA \)