HomeMy WebLinkAboutC-2703(A) - Rehabilitation of Pacific Coast Highway, Bayside Drive & MacArthur BoulevardContract C- 2703(A)
See also C- 2711(C)
TO
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
FINANCE DIRECTOR
FROM: CITY CLERK
DATE: May 1, 1989
SUBJECT: Contract No. C- 2703(B)
Description of Contract Coast Highway Rehabilitation Proiect-
Bayside Drive to MacArthur Blvd.
Effective date of Contract March 30, 1989
Authorized by Minute Action, approved on March 27, 1989
Contract with CALTRANS
Address
Amount of Contract (See
" 4f -
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
Date: January 27, 1989
PLROGRAM SUPPLEMENT NCO007 Locatij&: 12- 0RA- 0 -NPTB
to Project Numb: M- 5001(044)
LOCAL AGENCY -STATE AGREEMENT E.A. Number: 12- 929014
FOR FEDERAL -AID PROJECTS NO. 12 -5151 C
This Program Supplement is hereby incorporated into the Local Agency -State
Agreement for Federal Aid which was entered into between the Local Agency and
the State on 08/11/77 and is subject to all the terms and conditions thereof.
This Program Supplement is adopted in accordance with Paragraph 2 of Article
II of the aforementioned Master Agreement under authority of Resolution No.
89 -13 , approved by the Local Agency on March 27, 1989 (See copy attached) .
The Local Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
Pacific Coast Highway (SR 1); Bayside Dr. to MacArthur B1.
TYPE OF WORK: Reconstruct, resurface LENGTH: 1.9 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[ ] Preliminary Engineering [ ] Right -of -Way ( ]
[X] Construction Engineering [X] Construction
Estimated Cost Federal Funds i Matching Funds
Local OTHER OTHER
$ 830,500 W36 $ 535,000 $ 295,500 $ 0 $ 0
$ 0
CITY OF NEWPORT BEACH
go
Mayor
Donald A. Strauss
Date _._5 -
Attest
C
Title
STATE OF CALIFORNIA
Depa ent of Tr s rtation
B
DIST T D REC R, DISTRICT 12
r, k-
..
ate
r
I herby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting
Officel4-'
Date
a 7
$
535000.00
Chapter Statutes
I Item e r
Program
IBC1
Fund Source
I AMOUNT
313 1988
2660- 101 - 890(x) 88 -89
20.30.010.200
C
229020 892-F
535000.00
12- ORA- 0 -NPTB QTE:January 27, 1989
M- 5001(044) PAGE: 2
SPECIAL COVENANTS OR REMARKS
1. All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by the LgGal Aganc y at regular intervals or as
required for efficient operation of the completed
improvements. C, va n s 3 -8 -169 tj*
2. The Local Agency will advertise, award, and administer this
project and will obtain the State's concurrence prior to
either award or rejection of the contract.
3. In awarding, or agreeing to award the contract, the Local
Agency agrees the payment of Federal funds will be limited to
the detail estimate amount approved by the Federal Highway
Administration in the Federal -Aid Project Agreement (PR -2),
or its modification PR -2A, and accepts any increases in Local
Agency funds.
4. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal -Aid Program.
5. Whenever the local agency uses Federal or State Funds to pay a
consultant on a cost plus basis, the local agency is required to
submit a post audit report covering the allowability of cost
payments for each individual consultant or sub - contractor incurrin
over $25,000 on the project. The audit report must state the
applicable cost principles utilized by the auditor in determining
allowable costs as referenced in CFR 49, part 18, Subpart C - 22,
Allowable Costs.
y
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TO: CITY COUNCIL
FROM: Public Works Department
Och 27, 1989
CITY COUNCIL AGENDA
ITEM NO. F -Z Cb)
M A R 2 7 1989
i
SUBJECT: COAST HIGHWAY REHABILITATION PROJECT - BAYSIDE DRIVE TO MACARTHUR
BOULEVARD; CONTRACT NO. 2703, FAU PROJECT NO. M- 5001(44)
RECOMMENDATION:
Adopt a resolution authorizing the Mayor and the City Clerk to execute
Program Supplement No. 007 to local Agency /State Agreement 12 -5151.
DISCUSSION:
The Supplement Agreement authorizes the release of $535,000 Federal
funds to be matched with $295,500 City funds for a total of $830,500. Sufficient
gas tax funds to cover the City's share have been budgeted in the current fiscal
year.
Funding under this agreement will cover the rehabilitation and
reconstruction of the eastbound travel lanes on Coast Highway between Bayside
Drive and MacArthur Boulevard. Construction will be concurrent with the Coast
Highway Widening Project (Phase II) between Bayside Drive and Jamboree Road.
This project was awarded to construct to the Griffith Company at the
February 27, 1989, Council meeting.
A copy of Program Supplement No. 007 is attached for reference.
a -0 M r a ), Z
Benjamin B. Nolan
Public Works Director
HH:so
Attachment
'PROGRAM SUPPLEMENT NO. UUi
to I Project Numb M- 5001(044)
LOCAL AGENCY -STATE A EMENT i E.A. Numb 12- 929014
FOR FEDERAL-AID PROJECTS NO. 12 -151
This Program Supplement is hereby incorporated into the Local Agency -State
Agreement for Federal Aid which was entered into between the Local Agency and
the State on 08/11/77 and is subject to all the terms and conditions thereof.
Program Supplement is adopted in accordance with Paragraph 2 of Article
f the aforementioned Master Agreement under authority of Resolution No.
approved by the Local Agency on (See copy attached).
The Local Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
Pacific Coast Highway (SR 1); Bayside Dr. to MacArthur Bl.
TYPE OF WORK: Reconstruct, resurface LENGTH: 1.9 (MILES)
PROJECT CLASSIFICATION OR PRASE(S) OF WORK
[ ] Preliminary Engineering [ ] Right -of -Way [ ]
[X] Construction Engineering [X] Construction
Estimated Cost Federal Funds I Matching Funds
Local OTHER OTHER
$. 830,500IW36 $ 535,000I$ 295,500 $ 0 $ 0
$ 0
OF NEWPORT BEACH
By
Date
Attest
Title
STATE OF CALIFORNIA
Department of Transportation
By
DISTRICT DIRECTOR, DISTRICT 12
Date
1 herby Certify upon my personal knowledge that budgeted funds are available for this encunbrance:
Accounting Off
Chapter Statutes I Item
�MWVW�
Year I ' Program 18C1 Fund Source
535000.00
AMOUNT
0 1988 2660-101- 890(a) 88 -89 20.30.010.200 C 229020 892-F 535000.00
1 ♦,
12- ORA- 0 -NPTB E:January 27, 1989
M- 5001(044) PAGE: 2
•
J
•
SPECIAL COVENANTS OR REMARKS
1. All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by at regular intervals or as
required for efficientAoperation of the completed
improvements. Oa,i +. a ms ,� 3 -8- 89
2. The Local Agency will advertise, award, and administer this
project and will obtain the State's concurrence prior to
either award or rejection of the contract.
3. In awarding, or aireeing to award the contract, the Local
Agency agrees the payment of Federal funds will be limited to
the detail estimate amount approved by the Federal Highway
Administration in the Federal -Aid Project Agreement (PR -2),
or its modification PR -2A, and accepts any increases in Local
Agency funds.
4. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal -Aid Program.
5. Whenever the local agency uses Federal or State Funds to pay a
consultant on a cost plus basis, the local agency is required to
submit a post audit report covering the allowability of cost
payments for each individual consultant or sub - contractor incurrin
over $25,000 on the project. The audit report must state the
applicable cost principles utilized by the auditor in determining
allowable costs as referenced in CFR 49, part 18, Subpart C - 22,
Allowable Costs.
RESOLUTION NO. 89 -13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE
PROGRAM SUPPLEMENT NO. 007 TO LOCAL AGENCY /STATE AGREEMENT
NO. 12 -5151 COVERING THE FAU FUNDING FOR THE REHABILITATION
AND RECONSTRUCTION OF COAST HIGHWAY PROJECT FROM BAYSIDE
DRIVE TO MACARTHUR BOULEVARD
WHEREAS, there has been presented to the City Council of the City of
Newport Beach a certain Program Supplement No. 007 to Local Agency /State
Agreement No. 12 -5151 covering the FAU funding for the Coast Highway
rehabilitation and reconstruction project; and
WHEREAS, the City Council has reviewed the terms and conditions of
said Program Supplement No. 007 to Local Agency /State Agreement No. 12 -5151
covering the FAU funding for the Rehabilitation and Reconstruction of Coast
Highway project from Bayside Drive to MacArthur Boulevard, and finds them to be
satisfactory and that it would be in the best interest of the City to authorize
the Mayor and the City Clerk to execute said Program Supplement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach that said Program Supplement above described is approved, and the
Mayor and the City Clerk are hereby authorized and directed to execute the same
on behalf of the City of Newport Beach.
ATTEST:
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ADOPTED this 27th day of March , 1989.
s�
April 25, 1988
CITY COUNCIL AGENDA
BY THE CITY COJ °C JTEM NO. F -2(e)
CITY OF NZ`V%PURT BEACH
APR 251988
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: COAST HIGHWAY - REHABILITATION OF EASTBOUND TRAVEL LANES FROM BAYSIDE
DRIVE TO MACARTHUR BOULEVARD
RECOMMENDATION:
1. Adopt a resolution requesting the Orange County Transportation
Commission (OCTC) to include the rehabilitation of portions of Coast Highway
between Bayside Drive and MacArthur Boulevard in the Orange County Federal -Aid
Urban (FAU) Fund Program in Fiscal Year 1988 -89.
2. Authorize staff to retain ASL Consulting Engineers to prepare
Plans, Specifications and Estimate (P,S & E) to rehabilitate Coast Highway.
DISCUSSION:
On February 8, 1988, the OCTC determined that an estimated $6 million
in unobligated FAU funds would be available to Local Agencies for Fiscal Year
1988 -89. The FAU component is 3a: matching program_(75% Federal - 25% City)
designed-to fund local road construction projects. Funds will be allocated on a
project merit basis, project readiness and cost - effectiveness. Priority will be
placed on road rehabilitation projects. Design costs are not eligible for
matching funds.
Coast Highway's eastbound travel lanes between the subject limits are
rapidly deteriorating. A review of the pavement conditions indicates signifi-
cant alligator cracking, map cracking and longitudinal cracking all of which are
distresses of structural inadequacy.
The reconstruction /rehabilitation of Coast Highway (eastbound travel
lanes) from MacArthur Boulevard to Bayside Drive appears to be an excellent can-
didate for the additional FAU funding in that it meets the priorities set forth
by the OCTC.
Applications to have the project considered were due on
\ April 22, 1988. City staff submitted an application, without Council approval,
Jby the deadline. However, the application is non - binding without a Council
approved resolution, which is due by May 6, 1988.
April 28, 1988
Subject: Coast Highway - Rehabilitation of eastbound travel lanes from Bayside
Drive to MacArthur Boulevard
Page 2
The City has recently widened Coast Highway from MacArthur Boulevard
to Jamboree Road (Phase I) using FAU funds; and is scheduled to widen Coast
Highway (Phase II) from Jamboree Road to Bayside Drive sometime in the Fall of
1988.
It is proposed to include the reconstruction of the eastbound travel
lanes as part of the Phase II widening project. Inclusion of this project would
result in several benefits such as cost reduction and minimize overall construc-
tion time.
In anticipation of having the project in an advanced state of readi-
ness, it is recommended that the City Council authorize staff to negotiate a
contract with ASL Consulting Engineers to prepare the necessary Plans, Specifi-
cations and Estimates (P,S & E) to construct the project. ASL is currently
under contract to prepare P,S, & E for the Phase II construction project. Their
estimate for the work is $30,000.00.
It is recommended that the City Council adopt a resolution requesting
the OCTC to include the project in the FAU Fund Program and authorize staff to
retain ASL Consulting Engineers to prepare the P,S, & E. A breakc:o:m of the pro-
posed project funding follows:
CITY FUNDS (25 %) FAU FUNDS (75 %) TOTAL
Construction 125,000 375,000 500,000
Contingencies 10% 12,500 37,500 50,000
Const. Engineering 10% 12,500 37,500 50,000
Design* 30,000 0 30,000
TOTAL 180,000 450,000 630,000
*Ndn- participating for FAU
The City's share would come from Gas Tax.
J/Z, / _J X4
Benjamin B. Nolan
Public Works Director
BBN:hh
a
RESOLUTION NO. 88 -33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH REQUESTING THE ORANGE COUNTY
TRANSPORTATION COMMISSION TO INCLUDE WITH THE
ORANGE COUNTY FEDERAL -AID URBAN (FAU) FUND
THE IMPROVEMENT OF COAST HIGHWAY (EASTBOUND
TRAVEL LANES) FROM MACARTHUR BOULEVARD TO
BAYSIDE DRIVE.
WHEREAS, the City of Newport Beach desires to make street
improvements to the eastbound travel lanes on Coast Highway from
MacArthur Boulevard to Bayside Drive; and
WHEREAS, Coast Highway is classified as a major road on
both the City Master Plan of Street and Highways and the Orange
County Plan of Arterial Highways and is of general County interest;
and
WHEREAS, the Orange County Transportation Commission
intends to allocate funds from the Orange County Federal -Aid Urban
Fund for the improvement:of streets within the incorporated cities
of Orange County; and
WHEREAS, the City of Newport Beach will provide 25% in
matching funds to improve Coast Highway from MacArthur Boulevard to
Bayside Drive;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Newport Beach hereby requests the Orange County
Transportation Commission.to allocate funds in the amount specified
in the City's application to said City from Orange County
Federal -Aid Urban Funds. Said funds to be used to aid said City in
the improvement of Coast Highway (eastbound travel lanes) from
MacArthur Boulevard'to Bayside Drive in fiscal year 1988 -89.
BE IT FURTHER RESOLVED that the City agrees with the basic
concepts of the Orange County Federal -Aid Urban Fund Program; and
1-e further agrees that its 25% share of the cost of constructing the
improvement will be available for the fiscal year 1988 -89.
ADOPTED this 25th day
AT1� T: 7LZ��,e
City Clerk
ENGINEERING AGREEMENT
FOR
PROFESSIONAL ENGINEERING SERVICES FOR COAST HIGHWAY
FROM BAYSIDE DRIVE TO MACARTHUR BOULEVARD
THIS AGREEMENT, entered into this — j� day of JtI L`/
198 $, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
(hereinafter referred to as "CITY ") and ASL CONSULTING ENGINEERS, INC., whose
address is 2540 Red Hill Avenue, Suite "C ", Santa Ana, California 92705,
(hereinafter referred to as "ENGINEER "), is made with reference to the
following:
WITNESSETH:
WHEREAS, CITY is a municipal corporation duly organized 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; and
WHEREAS, CITY intends to prepare final engineering and construction
documents for the rehabilitation of Coast Highway from Bayside Drive to
MacArthur Boulevard, hereinafter referred to as "PROJECT "; and
WHEREAS, CITY and ENGINEER desire to enter into a professional
services agreement for the design and preparation of plans, specifications and
bid documents for engineering services for Coast Highway from Bayside Drive to
MacArthur Boulevard upon the terms and conditions set forth herein; and
WHEREAS, ENGINEER has submitted to CITY, a proposal dated May 3,
1988, to perform engineering services in conjunction with the preparation of
engineering plans, specifications and cost estimate; and
WHEREAS, CITY desires to accept said proposal;
NOW, THEREFORE, it is mutually agreed by and between CITY and ENGINEER
as follows:
I. GENERAL
A. Time is of the essence in this Agreement.
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B. The 11 m of this Agreement shall commee on the day and year
first above written and shall terminate one year thereafter, unless terminated
earlier as set forth herein or extended by mutual consent of the parties.
C. CITY engages ENGINEER to perform the described services for
the consideration hereinafter stated.
D. ENGINEER agrees to perform the described services in
accordance with the terms and conditions hereinafter set forth.
E. 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 such services. ENGINEER 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
ENGINEER shall perform each and every service set forth in
Exhibit "A" which is attached hereto and incorporated herein by this
reference.
III. DUTIES OF THE CITY
A. CITY hereby agrees to supply ENGINEER all information, data,
reports, plans and maps as are existing and available to carry out the
necessary work for completion of the plans and specifications.
B. CITY shall provide the necessary standard mylar plan and
profile sheets required.
IV. TIME OF COMPLETION
Work as required herein shall be completed within forty (40)
working days from the date of the execution of this Agreement.
V. OWNERSHIP OF DOCUMENTS
Original drawings, reports, nots, maps and other documents
relating to the plans shall become the exclusive property of CITY and may be
reproduced as deemed necessary by CITY or its duly authorized representative.
No report, drawing, map, document 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 written approval by CITY.
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VI. RIGHT OARMINATION •
A. CITY reserves the right to terminate this Agreement at any
time by giving ENGINEER three (3) 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 ENGINEER'S business office at
B. In the event of termination due to errors, omissions, or
negligence 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.
VII. SUBCONTRACTORS AND ASSIGNMENT
A. None of the services included in this Agreement shall be
contracted or subcontracted without prior written approval of CITY.
B. ENGINEER shall not assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written consent
of CITY; provided, however, that claims for money due or to become due ENGINEER
from CITY under 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.
VIII. 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 Twenty -nine Thousand Nine Hundred Ninety -nine Dollars ($29,990).
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 classifications of
personnel, dates and hours worked.
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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:
ssification Hourly rate
Senior Principal
$125.00
Principal in charge
95.00
Project Manager
85.00
Project Engineer
75.00
Traffic /Transportation Engineer
70.00
Survey Coordinator
65.00
Registered Engineer
58.00
Designer
50.00
Designer /Draftsperson
48.00
Construction Inspector
46.00
Draftsperson
46.00
CAD Operator
50.00
Word Processor
32.00
Technician
25.00
2 Man Survey Party
120.00
Survey Travel Time
60.00
Survey Vehicle Allowance (per day)
25.00
E. CITY agrees to reimburse ENGINEER for the actual cost of
reproduction of copies of said plans and related documents and other costs
authorized in advance by CITY.
IX. ADDITIONAL WORK
A. No change in the character, extend, 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 performed on an hourly basis in accordance
with the hourly rate schedule set forth herein above; except that an increase in
the total compensation exceeding Ten Percent (10 %) shall require that an
amendment for such additional services be processed and executed by ENGINEER and
CITY.
X. RECORDS
ENGINEER shall maintain complete and accurate records with respect
to costs, expenses, receipts and other such information required by CITY that
relates 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 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 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.
XI. INSURANCR
•
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 canceled by the insurer 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 B (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. COVERAGE
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 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 shown
above.
3. Professional Liability. Professional liability insurance
which includes coverage for the professional acts, errors, and omissions of
ENGINEER in the amount of at least $250,000.
B. SUBROGATION WAIVER
ENGINEER agrees that in the event of loss due to any of the perils
for which it has agreed to provide comprehensive general liability insurance,
ENGINEER shall look solely to its insurance for recovery. ENGINEER hereby
grants to CITY, on behalf of any insurer providing comprehensive general liabi-
lity insurance to either ENGINEER or CITY with respect to the services of
ENGINEER herein, a waivo of any right of subrogation A any such insurer of
said ENGINEER may acquire against CITY by virtue of the payment of any loss
under such insurance.
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, and
employees shall be named as an additional insured under all insurance coverages
except any professional liability insurance and Workers Compensation Insurance
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. An additional insured
named herein shall not be held liable for any premium deductible portion of any
loss, 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 contri-
bute anything toward any loss or expense covered by the insurance provided by
this policy.
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 subsequent breach of
the same or any other term, covenant, or condition contained herein whether of
the same or a different character.
XII. 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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XIII. ADVERTISONT
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.
XIV. COMPLIANCES
ENGINEER shall comply with all applicable laws, State or Federal,
and all applicable ordinances, rules and regulations enacted or issued by CITY.
XV. 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.
XVI. 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 ENGINEER's work under this
Agreement.
The ENGINEER shall maintain his work free of hazards to persons
and/or property resulting from his operations. Any hazardous condition noted by
the ENGINEER, which is not a result of his operations, shall immediately be
reported to CITY; however, it is not ENGINEER's responsibility to determine
whether any such hazardous conditions exists.
XVII. 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.
XVIII. HOLD HARMLESS
ENGINEER shall indemnify and hold harmless CITY, its City Council,
boards and commissions, officers and employees from and against any and all
7 of 8
loss, damages, liability, claims, suits, costs and expennes whatsoever,
including reasonable attorneys' fees, arising from the negligent performance
of services or work by ENGINEER pursuant to this Agreement.
XVIIII. NOTICES
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
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
Attention: Horst Hlawaty, Project Engineer
All notices, demands, requests, or approvals from CITY to ENGINEER
shall be addressed to ENGINEER at:
ASL Consulting Engineers, Inc.
2540 Red Hill Avenue, Suite "C"
Santa Ana, CA 92705
Attention: William Bennett, Project Manager
IN WITNESS WHEREOF, the parties have caused this Agreement to be exe-
cuted on the day and year first above written.
AgPROVED AS TO FORM:
it- Attorney
f
CITY OF NEWPORT BEACH,
a Municipal Corporation
BY
C!t3Y Manager
CITY
ASL CONSULTING ENGINEERS, INC.
A California Corporation
BY
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ENGTINEER
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Title
EXHIBIT "A"
SCOPE OF ENGINEERING SERVICES
Rehabilitation of eastbound travel lanes on Coast Highway from Bayside
Drive to MacArthur Boulevard.
TASK DESCRIPTION
1. Review preTimiary pavement evaluation reports by PMS and
Labelle - Marvin and the preliminary plans completed by ASL
Consulting Engineers.
2. Augment existing survey information with additional vertical
control on existing curbs, gutter lips, lane lines and proposed
join locations.
3. Coordinate with utility companies and verify utility locations in
the field.
4. Prepare final plans, specification and cost estimate based on the
preliminary plans completed by ASL in April, 1988. Plans envisioned
are as follows:
Sheet Description
1 Title Sheet
2 Typical Sections
3 Details
4 -13 Overlay /Reconstruction Plans
TC1 -TC10 Traffic Control Plans
1 of 1