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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 • • 0 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: Ci y Jerk =, ro �`', 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. 1of8 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. 2of8 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. 3of8 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. 6 of 6 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 //I /w z L ENGTINEER / /21^1e1 '.4L 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