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Home My WebLink About12 CIP'S 6150 & 6146 08-05-02AGENDA REPORT NO. 12 08-05-02 MEETING DATE: AUGUST 5, 2002 400 10 TO: FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/WATER SERVICES DIVISION CONSULTANT SERVICES AGREEMENT FOR THE TUSTIN AVENUE WATER WELL AND THE PONDEROSA AVENUE WATER MAIN REPLACEMENT PROJECTS (CIP NOS. 6150 & 6146) SUMMARY A Consultant Services Agreement for the design of Water Capital Improvement Program (CIP) Project Nos. 6146 and 6150 for the replacement of the deteriorated Tustin Avenue Well and sections of the undersized water main from the Tustin Avenue Well to the east side of the 55 Freeway is submitted for consideration by the City Council. RECOMMENDATION It is recommended that City Council approve the submitted Consultant Services Agreement with AKM ConsUlting Engineers (AKM) of Irvine, California, in the amount of $224,814.00, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. The City Attorney has reviewed and approved AKM's Consultant Services Agreement. FISCAL IMPACT These projects are budgeted as Water CIP Projects within the current fiscal year. In the current CIP budget, $14,000 and $220,000 are allocated for the final design phase of CIP Nos. 6146 and 6150, respectively. AKM's not-to-exceed fees for these projects are $13,595 and $211,219, respectively. BACKGROUND Descriptions of the projects are as follows: , CIP No. 6150 - Drill and construct a new water well and wellhead facilities at 1822 N. Tustin Avenue (Tustin Avenue well site). The existing well was constructed in 1952, produces approximately 500 gallons per minute, and produces a large amount of sand during well start- up and normal operations. The new well is expected to produce 1,500 to 2,000 gallons per minute. The new well will be located inside a new building similar to the Vandenberg Well facility, and will be equipped with disinfection equipment, an emergency generator, and other appurtenances. The existing well and equipment will be abandoned and removed as part of this project. Consultant Services Agreement for the Tustin Avenue Water Well and the Ponderosa Avenue Water Main Replacement Projects (CIP Nos. 6150 & 6146) August 5, 2002 Page 2 . CIP No. 6146 - The existing water pipeline that sends water from the Tustin Avenue Well to the east side of the 55 Freeway is undersized for the projected flows that will be coming from the new well. In 1999, in anticipation of the construction of a new Rite Aid Drug Store at 17th Street between Tustin Avenue and Ponderosa Avenue, a new twelve-inch water main was installed by City crews along the north side and east (Ponderosa Avenue) side of the Rite Aid project. This project completes the installation of the twelve-inch main in three locations; from the new Tustin Avenue Well to the existing twelve-inch main at the north side of the old Rite Aid site, from the intersection of Ponderosa Avenue and 17th Street to the twelve-inch water main located in the bridge over the 55 Freeway, and a short section east of the bridge. Ductile iron pipe will be installed in these locations due to the heavy traffic loads in these streets. This will complete what has historically been referred to as the Ponderosa Avenue pipeline improvements. Due to the proximity of the two projects and the need for the new pipeline to connect to the new well piping, it was decided to combine the design of the two projects under one engineering consultant contract. Six (6) Request for Proposals (RFP) for final engineering design and construction support tasks for the subject projects were solicited from a select list of consultants. On November 21, 2001, proposals were received from AKM Consulting Engineers, and Daniel Boyle Engineering, Inc. Based on the consultant's and subconsultant's qualifications, project understanding and approach staff recommends that AKM be selected to perform design engineering and construction support services for a not-to-exceed fee of $224,814. The following is the anticipated schedule for the project: Consultant Services Agreement Approval ............................................... 08-05-02 Notice to Proceed .................................................................................... 08-08-02 Completion of Final Design of Well .......................................................... 10-28-02 Approve Well Plans and Specifications And Authorize to Bid ............................................................................ 11-04-02 Award Well Drilling Contract .................................................................... 12-16-02 Commence Well Drilling ........................................................................... 01-20-03 Completion of Final Design of Well Building and Equipment ...................................................................... 02-24-03 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this 4th day of March, 2002, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and. AKM Consulting Engineers, a California corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary engineering services for design and construction of Tustin Avenue Well Replacement (CIP 6150) and Ponderosa Avenue Water Main Replacement (CIP 6146), hereinafter referred to as "Project"; and WHEREAS, Consultant has submitted to City a proposal dated November 21, 2001, a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services; and WHEREAS, City desires to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT Section 1: Scope of Consultant's Services. Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibit "A". Section 2: Order of Precedence. In the event of a conflict between or among any of the documents comprising this Agreement, the following order to precedence shall govern the provision in question: 1. This Agreement 2. Consultant's Proposal (Exhibit"A") Section 3: Time for Completion. The time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant's proposal. Consultant shall _]_ not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. Section 4: Compensation. Ao The compensation to be paid under this Agreement shall be as set forth in Exhibit "B", Work Hours and Fee Estimate, date February 4, 2002, not to exceed a total cost of $224,814. B. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. Co Progress payments for work completed shall be paid by City as the work progresses, within thirty (30) days of the date of Consultant's invoice. Do Consultant shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. Section 5: Independent Contractor. Consultant's relationship to City in the performance of this Agreement is that of an independent contractor. Consultant's personnel performing services under this Agreement shall at all times be under Consultant's exclusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. Section 6: Indemnification. Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges including attorney's fees caused by or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. Section 7: Insurance. A. Consultant shall maintain in full force and effect during the term of this Agreement policies of comprehensive general liability, personal injury and -2- automobile liability insurance with limits of at least $1,000,000 combined single limit coverage per occurrence. B. Consultant shall maintain in full force and effect during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or per occurrence. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement or to cover claims made within five (5) years of the completion of Consultant's service under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least five (5) years after completion of Consultant's services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant's letterhead. C. Consultant shall carry and pay for such compensation insurance as is necessary to fully protect Consultant and its employees under California Worker's Compensation Insurance and Safety Laws, and shall relieve the City from all responsibility under said laws in connection with the performance of this Agreement. D, All insurance required pursuant to this Section shall be issued by a company admitted in the State of California and rated A, VII or better by the latest edition of Best's Key Rating Guide. E. Upon execution of this Agreement, Consultant shall provide to City certificates of insurance on the City's form evidencing the required insurance. If self-insured for worker's compensation, Consultant shall submit to City a copy of its certification of self-insurance issued by the Department of Industrial Relations. Section 8: Termination of Aqreement. A, City shall have the right to terminate any or all of the services covered by this Agreement at any time for any reason by giving written notice to Consultant. B, Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. Co Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall, within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. -3- Section 9: Notices Any notice allowed or required to be given' shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows: To City: City of Tustin Attn.: Director of Public Works/City Engineer 300 Centennial Way Tustin, CA 92780 To Consultant: AKM Consulting Engineers Attn.: Zeki Kayiran, P.E. 101 Pacifica, Suite 150 Irvine, CA 92618 Section 10: Miscellaneous Provisions. Ao Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. B, No part of this Agreement may be assigned by Consultant without the prior written approval of City. Co This Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. D, Consultant shall perform all services required under this Agreement using that degree of care and skill ordinarily exercised under similar conditions in similar localities, and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. Eo Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any application for such employment, because of race, religion, color, sex or national origin including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. -4- IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. "CITY" CITY OF TUSTIN By Jeffery M. Thomas, Mayor ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Lois E. Jeffrey, "CONSULTANT" AKM Consulting Engineers By -5- 'Mi', Z _ VNV V~LNV$ dO A~lO ,, · ~ - . ~0030 '. ., . .. . . Z ~ -I-IVSO~J 30OIBLSN3H '~la ~J31N33 39~130N3 'AM 3OV'lYd TIO~J~V3 'AM 1NO~JIVj MARSHALL ~z LN. mmm m . 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