HomeMy WebLinkAbout09 CSA WITH TAIT AND ASSOCIATES® Agenda Item
- - ~ AGENDA REPORT Reviewed:
City Manager
Finance Director
MEETING DATE: MARCH 20, 2012
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKSICITY ENGINEER
SUBJECT: APPROVE A CONSULTANT SERVICES AGREEMENT WITH TAIT AND
ASSOCIATES FOR PREPARATION OF AN ENGINEERING FEASIBILITY
STUDY FOR RED HILL AVENUE STREETSCAPE AND MEDIAN
IMPROVEMENTS (CIP NO. 70209)
SUMMARY
City Council approval is requested of a Consultant Services Agreement with Tait & Associates to
prepare an Engineering Feasibility Study for Red Hill Avenue Streetscape and Median
Improvements between Bryan Avenue and the I-5 Freeway. This project is one of the short-term
action projects identified within the Center City area of the "Neighborhoods of Tustin Town Center.'
A New Beginning, a Strategic Guide to Development" report.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute a Consultant
Services Agreement with Tait & Associates to prepare an Engineering Feasibility Study (Study) for
Red Hill Avenue Streetscape and Median Improvements project.
FISCAL IMPACT
The cost to prepare the Study is $24,000 and will be funded by Fiscal Year 2011-2012 Community
Development Block Grant (CDBG) funds. Sufficient funds have been budgeted and appropriated
in the Fiscal Year 2011-2012 Capital Improvement Program (CIP} Budget.
DISCUSSION
In March 2011, the City Council considered a proposed Work Plan outlining steps to implement
immediate and short-term strategies identified in the "Neighborhoods of Tustin Town Genter A
New Beginning, a Strategic Guide to Development" report. The primary objective of the Guide for
Development is to provide a framework far implementation of strategic development actions for
each of the Tustin Town Center neighborhoods. This project is one of the recommended short-
term action projects within the Center City neighborhood.
Key features of the Study will include the investigation and evaluation of streetscape and median
improvements along Red Hill Avenue between Bryan Avenue and I-5 Freeway to provide for
enhanced pedestrian and bicycle accessibility and a safe route to school for children, gateway
improvements at the Red Hill Avenue/EI Camino Real intersection, and median and landscape
enhancements within the project limits. The Study will develop and evaluate alternatives that will
be cost effective while minimizing environmental issues and right-of-way needs.
CSA for Red Hill Ave. Streetscape
March 20, 2012
Page 2
This Study is included in the City's Fiscal Year 2011-2012 CDBG work program and is included in
the City's current CIP budget. Staff solicited requests for proposal and ultimately received four
proposals for preparation of the Study. Based upon an evaluation of the proposals by staff from
Community Development, Public Works, and the City's Successor Agency, it was determined that
the proposal submitted by Tait & Associates was the best overall to prepare this Study. The City
has worked with Tait & Associates in the past and staff has determined that they are qualified to
prepare this Study.
It is recommended that the City Council approve the Consulting Services Agreement with Tait &
Associates for preparation of this Study.
,-
{:
C)ougias S. Stack, P.E.
Director of Public Works/City Engineer
Attachment(s): Consulting Services Agreement including:
Exhibit A -Request for Proposal -Scope of Services
Exhibit B -Consultant Proposal
Exhibit C -Special Requirements
Exhibit D -CDBG General Conditions
Exhibit E -Compensation
Exhibit F -Schedule
S:1City Council Items~2012 Council ItemsWpprove CSA with Tait & Associates for Red Hill Ave Streetscape Revised.dOCX
CONSULTANT SERVICES AGREEMENT
This Agreement for Consultant Services (herein "Agreement"), is made and entered
into this day of 20 by and between the CITY OF
TUSTIN, a municipal corporation, ("City"), and Tait & Associates, Inc., a California
Corporation (Consultant").
WHEREAS, Consultant is qualified to provide the necessary services and has
agreed to provide such services; and
WHEREAS, the City issued a Request for Proposal ("RFP") October 24, 2011, and
issued a revised RFP December 15, 2011, a copy of which is attached hereto as EXHIBIT
°'A", and is by this reference incorporated herein as though set forth in full hereto (the
"Scope of Services"); and
WHEREAS, Consultant has submitted to the City a proposal response to the City's
RFP, dated February 20, 2012, a copy of which is attached hereto as EXHIBIT "B", and is
by reference incorporated herein as though set forth in full hereto (the "Proposal"); and
WHEREAS, Consultant services provided under this Agreement are funded by the
U.S. Department of Housing and Urban Development Community Development Block
Grant (CDBG) program and it is the responsibility of the Consultant to comply with all
provisions of CDBG as set forth in EXHIBIT "D".
NOW, THEREFORE, in consideration of the premises and mutual agreements
contained herein, City agrees to employ and does hereby employ Consultant and
Consultant agrees to provide consulting services as follows:
SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and
conditions of this Agreement, Consultant shall provide those services specified in the
"Scope of Services" attached hereto as EXHIBIT "A" and incorporated herein by this
reference, (the "services" or the "work"). Consultant shall perform all services performed
in a competent, professional and satisfactory manner in accordance with all standards
prevalent in the industry. In the event of any inconsistency between the terms contained in
EXHIBIT "A" and the terms set forth in the main body of this Agreement, the terms set
forth in the main body of this Agreement shall govern.
1.2 Compliance with Law. All services rendered hereunder shall
be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and
regulations of the City of Tustin and of any federal, state or local governmental agency of
competent jurisdiction.
1.3 Licenses and Permits. Consultant shall obtain at its sole cost
and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Contract, Consultant
represents that Consultant (a) has thoroughly investigated and considered the work to be
performed, (b) has investigated the site of the work and become fully acquainted with the
conditions there existing, (c) has carefully considered how the work should be performed,
and (d) fully understands the facilities, difficulties and restrictions attending performance of
the work under this Agreement. Should the Consultant discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by the
City, Consultant shall immediately inform City of such fact and shall not proceed with any
work except at Consultant's risk until written instructions are received from the Contract
Officer.
1.5 Care of Work. Consultant shall adopt and follow reasonable
procedures and methods during the term of the Agreement to prevent loss or damage to
materials, papers or other components of the work, and shall be responsible for all such
damage until acceptance of the work by City, except such lass or damages as may be
caused by City's own negligence.
1.6 Additional Services. Consultant shall perform services in
addition to those specified in the Proposal when directed to do so in writing by the Contract
Officer, provided that Consultant shall not be required to perform any additional services
without compensation. Any additional compensation not exceeding ten percent (10%) of
the original Contract sum must be approved in writing by the Contract Officer. Any greater
increase must be approved in writing by the City Manager.
1.7 Special Requirements. Any additional terms and conditions of
this Agreement are set forth in EXHIBITS "C", "D", "E", and "F" and are incorporated herein
by this reference. In the event of a conflict between the provisions of EXHIBIT "C", "D",
"E", and "F" and any other provision or provisions of this Agreement including EXHIBIT "B",
the provisions of EXHIBITS "A", "C", "D", and "E" shall govern.
2. COMPENSATION
2.1 Compensation of Consultant. For the services rendered
pursuant to this Agreement, the Consultant shall be compensated and reimbursed only
such amount as are prescribed in EXHIBIT "E" attached.
2.2 Method of Payment. In any month in which Consultant wishes
to receive payment, Consultant shall no later than the first working day of such month,
submit to City in the form approved by City's Director of Finance, an invoice for services
rendered prior to the date of the invoice. City shall pay Consultant for all expenses stated
thereon which are approved by City consistent with this Agreement, no later than the last
working day of said month.
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2.3 Changes. In the event any change or changes in the work is
requested by City, the parties hereto shall execute an addendum to this Agreement,
setting forth with particularity all terms of such addendum, including, but not limited to, any
additional Consultant's fees. Addenda may be entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other work
product or work; and
B. To provide for additional services not included in this
Agreement or not customarily furnished in accordance with generally accepted practice in
Consultant's profession.
2.4 Payment for Changes. Changes approved pursuant to an
Addendum shall be compensated at the personnel hourly rates prescribed in EXHIBIT "E"
hereto. Note: EXHIBIT "E" prohibits billing for travel.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance
of this Agreement.
3.2 Schedule of Performance. All services rendered pursuant to
this Agreement shall be performed within any time periods prescribed in any Schedule of
Performance attached hereto marked EXHIBIT "F". The extension of any time period
specified in the EXHIBIT "F" must be approved in writing by the Contract Officer.
3.3 Force Majeure. The time for performance of services to be
rendered pursuant to this Agreement may be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the
Consultant, including, but not restricted to, acts of God or of a public enemy, acts of the
government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, and unusually severe weather if the Consultant shall within ten (1Q)
days of the commencement of such condition notify the Contract Officer who shall
thereupon ascertain the facts and the extent of any necessary delay, and extend the time
for performing the services for the period of the enforced delay when and if in the Contract
Officer's judgment such delay is justified, and the Contract Officer's determination shall be
final and conclusive upon the parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Section
7.7 of this Agreement, this Agreement shall continue in full force and effect until
satisfactory completion of the services but not exceeding one (1) year from the date
hereof, unless extended by mutual written agreement of the parties.
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4. COORDINATION OF WORK
4.1 Representative of Consultant. The following Principal of the
Consultant is hereby designated as being the principal and representative of Consultant
authorized to act in its behalf with respect to the work specified herein and make all
decisions in connection therewith:
Tait & Associates
Jacob Vandervis
701 N. Parkcenter Drive
Santa Ana, CA 92705
It is expressly understood that the experience, knowledge, capability
and reputation of the foregoing Principal is a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing Principal shall be responsible during the term of
this Agreement for directing all activities of Consultant and devoting sufficient time to
personally supervise the services hereunder. The foregoing Principal may not be changed
by Consultant without the express written approval of City.
4.2 Contract OfFicer. The Contract Officer shall be the
Transportation & Development Services Manager of the City unless otherwise designated
in writing by the City Manager. It shall be the Consultant's responsibility to keep the
Contract Officer fully informed of the progress of the performance of the services and
Consultant shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement far the City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part
the services required hereunder without the express written approval of the City. In
addition, neither this Agreement nor any interest herein may be assigned or transferred,
voluntarily or by operation of law, without the prior written approval of City.
4.4 Independent Contractor. Neither the City nor any of its
employees shall have any control over the manner, mode or means by which Consultant,
its agents or employees perform the services required herein, except as otherwise set
forth herein. Consultant shall perform all services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent contractor
with only such obligations as are consistent with that role. Consultant shall not at any time
or in any manner represent that it or any of its agents or employees are agents or
employees of City. Consultant shall be solely responsible far compliance with State and
Federal t_aw with respect to the wages, hours, benefits, and working conditions of its
employees, including requirement for payroll deductions for taxes. Employees or
independent contractors of Consultant are not City employees.
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5. INSURANCE /INDEMNIFICATION
5.1 Insurance.
A. Consultant shall maintain in full force and effect during the
term of these Agreement policies of commercial general liability and automobile liability
insurance (each of which shall include property damage and bodily injury) and each 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 Agency 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 attached hereto as Exhibit "C-1".
C. Consultant shall carry and pay for such workers'
compensation insurance as is required fully to protect Consultant and its employees under
California Worker's Compensation Insurance Law. The insurance company shall agree to
waive all rights of subrogation against the City for losses paid under the policy, which
losses arose from the work performed by the named insured.
D. Other applicable insurance requirements are: (1)
Name the City of Tustin, its officials and employees as an additional insured on the
commercial general and automobile policies; (2) The insurance shall be issued by a
company authorized by the Insurance Department of the State of California and rated A,
VII or better (if an admitted carrier) or A-, X (if offered, by a surplus line broker), by the
latest edition of Best's Key Rating Guide, except that the City will accept workers'
compensation insurance rated B-VIII or better or from the State Compensation Fund; (3)
The Insurance shall not be cancelled, except after thirty (30) days written prior notice to
the City; and (4) The commercial general and automobile liability insurance shall each be
primary as respects the City, and any other insurance maintained by the City shall be in
excess of this insurance and not contribute to it.
E. Upon execution of this Agreement, Consultant shall
provide to City certificates of insurance and insurer endorsements evidencing the required
insurance. Insurer endorsements (or a copy of the policy binder if applicable) shall be
provided as evidence of meeting the requirements of Subsections (1), (3) and (4) of
Section D above and the waiver of subrogation requirement in Section C above. If self-
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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.
F. Verification of Coverage. The insurer endorsements required
herein are to be signed by a person authorized by insurer to bind coverage on its behalf
or to be printed on the insurer's letterhead with the applicable policy number.
(Statements on the ACORD Certificate are not an acceptable substitute for
endorsements). All endorsements are to be received and approved by the City prior to
the City issuing a "Notice to Proceed".
G. Consultant shall provide to City written notice of
cancellation of insurance within five (5) days of its receipt of notice of cancellation from any
insurance carrier providing general liability, auto, worker's compensation and/or
professional liability insurance. Said notice shall be in writing and sent to the City via U.S.
Mail, first class, postage prepaid thereon or Fed Ex overnight to:
Attn: Doug Anderson
Transportation & Development Services Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
Failure to provide said notice to the City as set forth above shall
constitute a material breach of this Agreement and Consultant acknowledges and agrees
that the City shall be entitled to recover from Consultant any and all damages arising as a
direct and proximate result thereof.
In addition, Consultant shall instruct its insurance broker to provide
the City with written notice of cancellation of any insurance policy(ies) applicable to the
Consultant Services Agreement within forty-eight (48) hours of the broker's knowledge of
any cancellation by the insurance provider.
5.2 Indemnification. The Consultant shall defend, indemnify and
hold harmless the City, its officers and employees, from and against any and all actions,
suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs
and attorneys' fees, for injury to or death of person or persons, for damage to property,
including property owned by City, arising from errors and omissions of Consultant, its
officers, employees and agents, and arising out of or related to Consultant's performance
under this Agreement, except for such loss as may be caused by City's sole negligence or
that of its officers or employees.
The Consultant shall also defend, indemnify and hold the City
harmless from any claims or liability far City health and welfare, retirement benefits, or any
other benefits of part-time or full-time City employment sought by Consultant's officers,
employees, or independent contractors, whether legal action, administrative proceeding or
pursuant to State statue.
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6. RECORDS AND REPORTS
6.1 Reports. Consultant shall periodically prepare and submit to
the Contract Officer such reports concerning the performance of the services required by
this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as
shall be necessary to properly perform the services required by this Agreement and
enable the Contract Officer to evaluate the performance of such services. The Contract
Officer shall have full and free access to such books and records at all reasonable times,
including the right to inspect, copy, audit and make records and transcripts from such
records.
6.3 Ownership of Documents. All drawings, specifications,
reports, records, documents and other materials prepared by Consultant in the
performance of this Agreement shall be the property of City and shall be delivered to City
upon request of the Contract Officer or upon the termination of this Agreement, and
Consultant shall have no claim for further employment or additional compensation as a
result of the exercise by City of its full rights or ownership of the documents and materials
hereunder. Consultant may retain copies of such documents for their own use.
Consultant shall have an unrestricted right to use the concepts embodied therein.
6.4 Release of Documents. All drawings, specifications, reports,
records, documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior written
approval of the Contract Officer.
7. ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and
interpreted both as to validity and to performance of the parties in accordance with the
laws of the State of California. Legal actions concerning any dispute, claim or matter
arising out of or in relation to this Agreement shall be instituted in the Superior Court of the
County of Orange, State of California, or any other appropriate court in such county, and
Consultant covenants and agrees to submit to the personal jurisdiction of such court in the
event of such action.
7.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its contentions by
submitting a claim therefor. The injured party shall continue performing its obligations
hereunder so long as the injuring party cures any default within ninety (90) days after
service of the notice, or if the cure of the default is commenced within thirty (30) days after
service of said notice and is cured within a reasonable time after commencement;
provided that if the default is an immediate danger to the health, safety and general
welfare, the City may take immediate action under Section 7.6 of this Agreement.
Compliance with the provisions of this Section shall be a condition precedent to any legal
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action, and such compliance shall not be a waiver of any party's right to take legal action in
the event that the dispute is not cured.
7.3 Waiver. No delay or omission in the exercise of any right or
remedy of anon-defaulting party on any default shall impair such right or remedy or be
construed as a waiver. No consent or approval of City shall be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Consultant. Any
waiver by either party of any default must be in writing and shall not be a waiver of any
other default concerning the same or any other provision of this Agreement.
7.4 Rights and Remedies are Cumulative. Except with respect to
rights and remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or more of
such rights or remedies shall not preclude the exercise by it, at the same or different times,
of any other rights or remedies for the same default or any other default by the other party.
7.5 Legal Action. In addition to any other rights or remedies,
either party may take legal action, in law or in equity, to cure, correct or remedy any
default, to recover damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, a declaratory judgment or any other remedy
consistent with the purposes of this Agreement.
7.6 Termination Prior to Expiration of Term. The City reserves the
right to terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Consultant, except that where termination is due to the fault of the
Consultant and constitutes an immediate danger to health, safety and general welfare, the
period of notice shall be such shorter time as may be appropriate. Upon receipt of the
notice of termination, Consultant shall immediately cease all services hereunder except
such as may be specifically approved by the Contract Officer. Consultant shall be entitled
to compensation for all services rendered prior to receipt of the notice of termination and
for any services authorized by the Contract Officer thereafter.
7.7 Termination for Default of Consultant. If termination is due to
the failure of the Consultant to fulfill its obligations under this Agreement, City may take
over the work and prosecute the same to completion by contract or otherwise, and the
Consultant shall be liable to the extent that the total cost far completion of the services
required hereunder exceeds the compensation herein stipulated, provided that the City
shall use reasonable efforts to mitigate damages, and City may withhold any payments to
the Consultant for the purpose of set-off or partial payment of the amounts owed to City.
7.8 Attorneys Fees. If either party commences an action against
the other party arising out of or in connection with this Agreement or its subject matter, the
prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit
from the losing party.
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8. CITY AND CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
8.1 Non-Liability of City Officers and Employees. No officer or
employee of City shall be personally liable to the Consultant, or any successor-in-interest,
in the event of any default or breach by the City or for any amount which may become due
to the Consultant or its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Covenant Against Discrimination. Consultant covenants that,
by and for itself, its heirs, executors, assigns, and all persons claiming under or through
them, that there shall be no discrimination or segregation in the performance of or in
connection with this Agreement regarding any person or group of persons on account of
race, color, creed, religion, sex, marital status, national origin, or ancestry. Consultant
shall take affirmative action to insure that applicants and employees are treated without
regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
9. MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give to the other party or any other
person shall be in writing and either served personally or sent by pre-paid, first-class mail
to the address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated forty-
eight (48) hours from the time of mailing if mailed as provided in this Section.
To City: City of Tustin
Attn.: Doug Anderson
Transportation & Development Services Manager
300 Centennial Way
Tustin, CA 92780-3715
To Consultant: Tait & Associates
Jacob Vandervis
701 N. Parkcenter Drive
Santa Ana, CA 92705
9.2 Integrated Agreement. This Agreement contains all of the
agreements of the parties and cannot be amended or modified except by written
agreement.
9.3 Amendment. This Agreement may be amended at any time
by the mutual consent of the parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared
invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction,
such invalidity or unenforceability shall not affect any of the remaining phrases, sentences,
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clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out
the intent of the parties hereunder.
9.5 Corporate Authority. The persons executing this Agreement
on behalf of the parties hereto warrant that they are duly authorized to execute this
Agreement on behalf of said parties and that by so executing this Agreement the parties
hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"City"
Dated:
APPROVED AS TO FORM:
David Kendig
City Attorney
CITY OF TUSTIN, a municipal corporation
By:
Jeffrey C. Parker
City Manager
"Consultant"
Tait & Associates, Inc.
gy:
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Jacob Vandervis, P.E.
Vice President, Director of Engineering
EXHIBIT "A"
SCOPE OF SERVICES
Attached hereto is: 1) Request for Proposal -Scope of Services
REQUEST FOR PROPOSAL (RFP) -CITY OF TUSTIN
(REVISED)
I I
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i ri ilit t
Red Hill Avenue Streetscape and Median Improvements
Between Bryan Avenue and the l-5 Freeway in the City of
Tustin
(ClP NO. 70209)
TUSTTN
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Notification Mailin Date
October 24, 2011:
Revised to December 15, 2011
Proposal Submittal Due Date
November 17, 2011:
Revised to January 16, 2012
city of Tustin
Public Works Department
300 Centennial Way
Tustin, CA 92780
Overview and Purpose
The City of Tustin is requesting a Proposal for Consulting Engineering Services to identify and
evaluate the feasibility of improvements for the Red Hill Avenue Streetscape and Median
improvements between Bryan Avenue and the I-5 Freeway in the City of Tustin. Information
provided in the Request for Proposal (RFP) outlines the general proposal process and
requirements for the contents of the proposal as well as the proposed Scope of Work. The Red
Hill Avenue Streetscape and Median improvements between Bryan Avenue and the I-5 Freeway
in the City of Tustin are recommendations found in "The Neighborhoods of Tustin Town Center:
A New Beginning - A Strategic Guide for Development." An electronic copy of the Strategic
Guide may be obtained at:
http:I/www.tustinca.org/departments/redev/whatsnews. html).
"The Neighborhoods of Tustin Town Center: A New Beginning" is a "Strategic Guide for
Development" for three neighborhoods in the center of the City of Tustin, California: Center City,
Southern Gateway, and West Village. The primary objective of the Guide for Development is to
provide a framework for implementation of strategic development actions for each of the
neighborhoods. Private investment and private development are fostered in collaboration with
actions taken by the City to improve the three neighborhoods over the next few decades.
The Project Area
The three Town Center project neighborhoods are generally located in central Tustin as
demonstrated by the Map below. The proposed Red Hill Avenue Streetscape and Median
improvements are located in the Center City neighborhood. The Center City neighborhood can
be generally described as follows:
A 210-acre area has a mix of low-density single-family homes, strip retail, garden office,
public and institutional, and light-industrial uses. Most of the development in this area
was built out during the 1960s and 1970s. There are very few vacant parcels of land.
Implementation Activities
In order to achieve the goals for development and improvement of the Center City, Southern
Gateway, and West Village Neighborhoods in Tustin Town Center, a strategy was developed to
implement the desired development program presented in the Final Concept Plans for each
neighborhood.
The Guide identifies a number of Implementation Actions that are to be implemented in a
prioritized manner: Immediate; Short-Term; and Medium Term. The Short-Term implementation
actions applicable to this RFP for an Engineering Feasibility Study Report are listed in bold and
{page 7-5 of the Strategic Guide) are as follows:
7. initiate short range infrastructure improvement, access and ofher program studies within
each Neighborhood with the goat of improving the aesthetic appearance of streetscapes and
pedestrian amenities, improving connectivity between neighborhoods and facilities such as
the Tustin Metro Link station, including the provision of bike lanes where needed.
Specifically evaluate the feasibility of improvements, necessary right-of--way if needed, and
the level and type of specific improvements appropriate to individual Locations. Depending
on the outcomes of individual studies, prioritization and future final construction design and
programming of improvements would be identified based on available funding sources. The
priority for the studies in each Neighborhood in the Short Range would be in order of their
listing as follows:
Center City Neighborhood
• Gateway improvements at El Camino Real and Red Hill Avenue and at Newport
Avenue and E/ Camino Real.
• Streetscape and median improvements along Red Hill Avenue
• Improvements to the existing Caltrans Retaining Wall, El Camino Real,
• Potential bike lanes along EI Camino Real and Streetscape and median
improvements.
Southern Gateway
• Gateway and landscaping improvements at the SR-55 Freeway ramp at McFadden
(Sycamore) within Caltrans right-of-way
• Streetscape and median improvements along Newport Avenue north of Myrtle,
including potential bike routes.
• Potential closure of Pasadena Avenue or construction of a cul-de-sac.
• Potential new street from Newport Avenue to Pasadena, with vacation of portions of
Myrtle and Bliss.
• Streetscape and median improvements along Newport Avenue south of Myrtle in
conjunction with the Newport Avenue Extension project, including bike routes.
West Village
• Streetscape improvements at McFadden including potential bike lanes.
• Potential expansion of Tustin Village Way and acquisition of new east-west public
street between Tustin Village Way and Williams Street.
IV. Scope of Services
The Scope of Work to be prepared by the Consultant shall include, but not be limited to, the tasks
described below. In responding, Consultants shall consider the development components typical
to the project being considered: 1) Feasibility Study; 2) Conceptual Design/Cast Estimate; 3)
Design and Plan/Specification Preparation; 4) Construction and Contract Administration. The City
is seeking proposals that thoroughly identify the work effort required to complete the first
component of project development -Feasibility Study.
The Project Study Report shall include and address at minimum the following components:
The roadway segment shall be reviewed and specific recommendations identified for
streetscape and median improvements on Red Hill Avenue to provide for an enhanced
pedestrian and bicycle accessibility and safe route to school for children. Accessibility and
streetscape improvements may include sidewalk widening, bicycle lanes and routes, traffic
calming measures, pedestrian crosswalk enhancements, traffic signal, street lighting, furniture,
reconfiguration of travel lanes and on-street parking, and additional and/or modified landscape
treatments including, but not limited to, consistent street trees and planting pallets, planting
strips, and enhanced medians.
2. Gateway improvements at the intersection of Red Hill Avenue and EI Camino Real
The Feasibility Study Report shall consist of identifying the best feasible alternative for
implementation of the above noted streetscape improvements and amenities.
The following is a summary of various tasks and components involved in the preparation of the
Feasibility Study Report. This information is provided as a guideline only. It is the Consultant's
responsibility to identify all the necessary tasks and components, to provide all the necessary
services whether listed or not, and to provide a complete Feasibility Study Report in conformance
with the applicable requirements.
A. Coordination with City staff, Caltrans, adjacent businesses, other involved agencies, and other
affected parties, as needed.
B. Field review to identify project features and factors that could affect the project.
C. Research, obtain, and review existing reports, studies, right-of-way mapping, utility locations,
and other necessary information.
D. Identify additional data that will be required, which may include, but not be limited to:
o Landscape information
o Traffic data
o Geometry and typical sections
o Preliminary structure studies
o Right-of-way analysis
o Utility relocation and considerations
o Land use
o Scheduling
o Constructability issues
E. Develop alternatives, preliminary cost estimates, and a tentative schedule. Develop and
evaluate alternatives that will be cost effective while minimizing environmental issues and
right-of-way needs.
F. After developing feasible alternatives and analyzing impacts, a Feasibility Study Report shall
be prepared to present the findings. The Feasibility Study Report shall include at a minimum
the following aspects:
o Introduction
o Background
o Need and Purpose
o Alternative Descriptions and Pertinent Design Issues
o Environmentallssues
o Scheduling
o Qther Agencies
o Recommended Alternative and Cost Estimate
V. Proposal Requirements
The Proposal shall include, as a minimum, the following information, which will assist the City with
the evaluation of your firm.
1. Introduction
The proposal shall be submitted in two (2) sealed envelopes. The first envelope containing the
project proposal as described below. The second envelope shall contain the cost proposal.
2. Personnel
This section shall identify and describe the experience of the Project Manager, other key
personnel, and any sub consultants assigned to the project. The designated Project
Manager shall be the primary contact with the City during the contract period and shall
function in that capacity while employed by the firm. In addition, the City must approve
changes of key personnel.
3. Methodology
The methodology proposed to accomplish the various work tasks shall be described in this
section. Present your concept for conducting the work program. Applicants are encouraged to
recommend supplementary alternatives, which may enhance the overall quality of the project.
4. Cost Summary
This section shall define the total contract with a Not to Exceed fee for each task and a
grand total contract Not to Exceed fee for the project. The consultant is to submit the
calculations used to determine the Not to Exceed fee and shall include:
• A listing of all phases of the work.
• A listing of all tasks required to accomplish each phase.
• A listing of labor hours for each position classification required to accomplish each task with
cost totals for each task.
The grand total contract Not to Exceed fee shall include all fees and expenses included in the
design consultant's hourly fees, including all incidentals blueprinting (plotting, printing) and
required submittals, photocopying, telephone, transportation, meeting support costs and
miscellaneous costs estimated to be accrued during the life of the contract. Also, include any
escalation or inflation factors anticipated. No increase in fees will be allowed during the life of
the contract. Extension of the contract will be a basis for renegotiating the fee.
Be sure to place the quotation of fees for design in a separate sealed envelope from the
Proposal so that an evaluation of the Proposal based on merit as outlined under
SELECTION PROCESS AND CRITERIA may be completed prior to considering the
reasonableness of the fee.
5. Time
Furnish a length of time for completion of the design, including processing for four (4)
separate reviews. For Proposal preparation purposes, allow four (4) weeks for City's first
review, three (3) weeks for the second, and for the subsequent reviews. Your design period
should take into account the plan check process and minimize the need for more review
than would be absolutely necessary. Include an indication of your present workload and
ability to perform the work requested in a timely manner and on schedule.
6. Signature
The Proposal shall be signed by an official authorized to bind the firm, and shall contain a
statement to the effect that the Proposal is valid for ninety (90) days. The Proposal shall
also include a statement that commits the firm to claim responsibility for design errors
caused solely by the firm and agrees to forward financial reimbursement to the City of Tustin
for such errors upon request.
VI. Consultant Selection
The City of Tustin will identify a selection team that will review and rate the proposals. The
proposals will be reviewed according to the following:
o Compliance with the Request for Proposal
o Understanding of the project
o Methodology and management approach
o Experience and performance on similar projects
o Familiarity with Federal and State procedures
o Compliance with DBE requirements
o Qualifications of the Project Manager
o Capabilities of proposed staff
o Time allocated to various staff and tasks
o Time frame proposed to complete the work
Based on the results of the review, the selection team may invite the top rated firms for an oral
interview. Based on the combined results of the interview and the written proposal, the selection
team will rank the consultants and make a recommendation for selecting a consultant. The City of
Tustin will then enter into cost negotiations with the selected consultant. The City of Tustin
reserves the right to reasonably negotiate the final contract scope of work and cost with the
selected consultant. If negotiations are unsuccessful, then negotiations will commence with the
second ranked firm.
Incomplete submittals, incorrect information ar late submittals shall be cause for immediate
disqualification.
VII. Minority/Women's Business Enterprise (M/WBE) Requirements
The project is funded with Federal CDBG funds and is subject to Title 24 Code of Federal
Regulations (CFR), Part 85.36.e, regarding participation by Minority/Women's Business
Enterprises (MNVBE), and labor surplus area firms. Proposers shall be fully informed of the
requirements of the regulations. The Regulations in their entirety are incorporated herein by this
reference and are available on the Internet at http://ecfr.gpoaccess.gov.
It is the policy of the City of Tustin to ensure that minority, women, other disadvantaged, and
small businesses can fairly compete for and perform on all of the City of Tustin's contracts and
subcontracts.
If a proposer plans to use the services of subcontractors during the performance of this contract,
he/she is expected to afford maximum opportunities to M/WBE's and labor surplus area firms.
In this respect, the proposer should, to the extent possible, identify the following for each
M/WBE listed in the proposal and provide the information on the "List of Proposed MNUBE
Subcontractors and Suppliers" form.
o The name and address of each M/WBE who will participate in the contract.
o A clearly defined scope of work to be performed by the M/WBE.
o The estimated dollar value of the work to be performed by the M/WBE.
o DBE certification eligibility status, in conformance with Title 24 CFR, Part 85.36.e.
VIII. Equal Opportunity Program Requirements/Non-Discrimination
The City of Tustin is committed to equal opportunity in solicitation of professional service
consultants doing business with, or receiving funds from the City and requires its Consultant(s)
to provide equal opportunities to its employees and vendors. Under state law, all Consultants
entering into any contract with the City will need to support these requirements.
In compliance with Federal and State anti-discrimination laws, proposers shall affirm that they will
not exclude or discriminate on the basis of race, color, national origin, or sex in consideration of
contract award opportunities. Further, proposers shall affirm that they will consider and utilize
subconsultants, bidders, and vendors in a manner consistent with non-discrimination objectives.
The proposal shall include a statement that the consultant and its subconsultants shall maintain all
books, documents, papers, accounting records and other information pertaining to costs incurred.
Such materials must be available at their offices at reasonable times during the contract period.
All such materials are to be available for inspection by Federal, State, and Local Agency-
authorized representatives and copies thereof shall be furnished if requested.
The proposal shall include a statement that the Consultant and its subconsultants warrant that
he/she has not employed or retained any company or person, other than abona-fide employee
working for the Consultant, to solicit or secure this Agreement, and that he/she has not paid or
agreed to pay any company or person, other than abona-fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon ar resulting from
the award or formation of this Agreement. For breach or violation of this warranty, the City of
Tustin shall have the right to annul this Agreement without liability or, at its discretion, to deduct
from the Agreement price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
Certification of Consultant must be completed by the consultant and its subconsultants as part of
the proposal.
IX. Schedule
The distribution, receipt and evaluation of proposals, as well as the selection of the Consultant,
will conform to the following schedule:
• RFP Distribution/Advertisement: October 24, 2011: Revised to December 15, 2011.
• Deadline for RFP Submittal: November 17, 2011: Revised to January 16, 2012
• Complete Evaluation of Consultant Proposals: TBD
• Complete Interview & Selection of Consultant: TBD
• City Council Contract Approval: January 3, 2012: Revised to February 21, 2012
• Notice to Proceed: TBD
Proposals shall be submitted before 4 PM on November 17, 2011; Revised to January 16, 2012,
to:
City Clerk's Office
300 Centennial Way
Tustin, CA 92780
A Notice to Proceed is expected to be issued in January 2012: Revised to February 2012,
pending successful negotiations, and execution of a contract with the selected firm and approval
by the City Council. The City of Tustin also reserves the right to not select a consultant.
X. Disclosures
Consultant Services Agreement.' If your firm is interested in entering into a contract with the City of
Tustin, it will be necessary to comply with requirements of the City's standard "Consultant Services
Agreement" form, a copy of which is attached with this Request for Proposals {RFP) as a sample.
/nsurance Requirements: The consultant shall maintain in full force and effect during the course of
this project, policies of comprehensive general liability, personal injury and liability, worker's
compensation and automobile insurance with limits of at least $1,000,000 combined single limit
coverage, per occurrence, and professional liability insurance coverage with limits of at least
$1,000,000 combined single limit coverage per claim or per occurrence for which certificates of
insurance and endorsements.
Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by
the resulting agreement to cover claims made within five (5} years of completion of Consultant's
services under this agreement, or (2) to maintain professional liability insurance coverage with the
same carrier in the amount required by the resulting agreement for at least five (5) years after
completion of Consultant's services under this agreement. The Consultant shall also be required to
provide evidence to CITY of the purchase of the required tail insurance or continuation of the
professional liability policy. The City of Tustin shall be named as additional insured and no policy
may be modified or canceled prior to thirty {30) days written notice.
Other applicable insurance requirements are: (A) Name the City of Tustin, its officials and
employees as an additional insured on the commercial, general and automobile policies. (B) The
insurance shall be issued by a company authorized by the Insurance Department of the State of
California and rated A, VII or better (if an admitted carrier) or A-, X (if offered, by a surplus line
broker), by the latest edition of Best's Key Rating Guide, except that the City will accept workers'
compensation insurance rated B-VIII or better or from the State Compensation Fund. (C) The
insurance shall not be cancelled, except after thirty (30) days written prior notice to the City. (D}
The commercial general and automobile liability insurance shall each be primary as respects the
City, and any other insurance maintained by the City shall be in excess of this insurance and not
contribute to it; and (E) The worker's compensation insurance company shall agree to waive all
rights of subrogation against the City for losses paid under the policy, which losses arose from the
work pertom~ed by the named insured.
Upon execution of an Agreement, Consultant shall provide to City certificates of insurance and
insurer endorsements evidencing the required insurance. Insurer endorsements (or a copy of the
policy binder if applicable) shall be provided as evidence of meeting the requirements of
Subsections (A), (C), (D) and (E) of above and are to be signed by a person authorized by that
insurer to bind coverage on its behalf or printed on the Insurance Company's letterhead.
(Statements on the Acord Certificate are not an acceptable substitute for endorsements). 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.
Consultant shall provide to City written notice of cancellation of insurance within five (5) days of its
receipt of notice of cancellation from any insurance carrier providing general liability, auto, worker's
compensation and professional liability insurance. Said notice shall be in writing and sent to the
City via U.S. Mail, first class, postage prepaid thereon or FedEx overnight to:
Attn: Doug Anderson
Transportation & Development Services Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
Failure to provide said notice to the City as set forth above shall constitute a material breach of the
Agreement and Consultant acknowledges and agrees that the City shall be entitled to recover from
Consultant any and all damages arising as a direct and proximate result thereof.
In addition, Consultant shall instruct its insurance broker to provide the City with written notice of
cancellation of any insurance policy(ies) applicable to the Consultant Services Agreement within
forty-eight (48) hours of the broker's knowledge of any cancellation by the insurance provider.
City of Tustin Business Licenses: As Consultant, it will be necessary to obtain a City of Tustin
business license prior to starting work. A City business license will also be required of any
subconsultants your firm may use on this project.
The City reserves the right in its sole discretion and without prior notice: to terminate this RFP;
to issue subsequent RFPs far the same project, or variations thereof; to revise the RFP or to
procure any service requested in the RFP by any other means; to modify the scope of the
project; to modify the City's obligations or selection criteria; and/or to take other actions which
would ultimately satisfy the City's goals. In addition, the City reserves the following rights:
Background check - By submitting a proposal, the respondent andlor members of the
respondent's team authorize the City of Tustin to conduct a background check associated
with the submission of submittals pursuant to this RFP. This background check may
include, but is not limited to, contacting individuals and organizations regarding capabilities,
experience, and financial capability of the respondent and members of the development
team.
Modification, cancellation, or re-issuance of the RFP -The City reserves the right to modify
the response requirements to this RFP, including, without limitation, request additional
information, extend the due date for all submissions, and obtain additional submissions
beyond the due date. The City reserves the right to modify, reissue, or cancel in whole or in
part this RFP and/or the response requirements, timing, arrangement and method of
proposal presentations throughout the selection process.
Rejection of proposals -The City reserves the right to reject any or all of the submittals by a
Respondent, including not proceeding on the project. Failure to meet the requirements of
the RFP will be cause for rejection. The City may reject any submittal if it is conditional,
incomplete, contains irregularities, etc. The City reserves the right to reject any and all
submittals without cause. The City may waive an immaterial deviation in a submittal.
Waiver of any material deviation shall in no way modify the RFP documents or excise the
need for full compliance with the contract requirements if the firm is awarded the contract
• Disqualification -The City reserves the right to disqualify any proposal team on the basis of
any real or perceived conflict of interest that is disclosed or revealed by responses
submitted or by any data available to the City of Tustin.
• City right to judge -The City reserves the sole right to judge a respondent's representations,
either in written or oral form as to their veracity, substance and relation to the proposed
project.
• City property -Upon submission, the RFP and all collateral material shall become the
property of the City of Tustin. This RFP is not a contract or commitment of any kind by the
City of Tustin, and does not commit the City to enter into a contract with the respondent. No
reimbursement will be made for any costs incurred by respondents in the preparation of the
response to this RFP.
• Additional Information -The City reserves the right to request additional information of
respondents as deemed necessary and appropriate by the City.
XI. Questions Regarding Proposal and Process
To ensure fair consideration for all Respondents, the City requests that communication to or
with any City staff during the submission process and prior to the award of a contract, only be
conducted as herein identified. The appropriate City employee identified below shall be the only
contact for any and all communication between the proposing Respondent and the City in order
to obtain information or clarification in evaluation of the RFP. Respondents and their agents are
not to undertake activities or actions to promote or advertise their proposals. Any questions in
the proposal process shall be addressed in writing to City staff noted below only.
The last day for submission of questions is November 9, 2011: Revised to January 6, 2012..
Questions may be submitted as indicated below. The Respondent assumes all responsibility for
the delivery of Respondent communications including transmittals of facsimiles or e-mail, which
may not be received. The City can only certify receipt of communications that are signed for by
representatives of the City of Tustin.
CONTACTING THE CITY OF TUSTIN
All questions should be directed in writing to:
Mr. Doug Anderson, Transportation & Development Services Manager
Public Works Department /Engineering Division
City of Tustin
300 Centennial Way
Tustin, California 92780
Phone: (714} 573-3172
Fax: (714) 734-8991
E-Mail: dandersonCa~tustinca.org
All question and responses will be sent out to all recipients of this proposal. Should addenda to
the RFP be required, they will be sent by email or FAX to all parties who provide this contact
information and posted on the Public Works Departments website prior to the proposal due
date. All addenda shall become part of this RFP. E-mail and telephone responses that are not
by written addenda shall not be binding. If your firm intends to submit a proposal, in order to
ensure that all interested firms are notified of such clarifications or corrections, please provide
your email and FAX contact information to Doug Anderson at the email address above as soon
as possible after you have received this RFP.
XII. Attachments
A. City of Tustin Consultant Services Agreement
I. location Exhibit
ATTACHMENT A
Sample Cansultant Services Agreement
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into
this _ day of 20 by and between the CITY OF TUSTIN, a municipal
corporation, hereafter referred to as "City", and a California Corporation,
hereinafter referred to as "Consultant".
RECITALS
WHEREAS, City requires the services of a consultant to furnish the necessary
[engineering ar other] services for the [describe project] hereinafter referred to as
"Project"; and
WHEREAS, City has prepared a Request for Proposal (RFP) dated ,
a copy of which is attached hereto, marked as Exhibit "A" and is by this reference
incorporated into this Agreement; and
WHEREAS, in response to City's RFP, Consultant has submitted to City a
proposal dated , a copy of which is attached hereto marked as Exhibit
"B" 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 to City; and
WHEREAS, City desires to retain the services of Consultant far said Project.
NOW, THEREFORE, far the consideration and upon the terms and conditions
hereinafter set forth, the parties agree as foNaws:
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" and Exhibit "!3" in accordance with the terms
and conditions of this Agreement.
1
Section 2: Order of Precedence
In the event of a conflict between or among any of the documents comprising this
Agreement, the following order of precedence shall govern the provision in question:
1. This Agreement
2. City's Request far Proposal (Exhibit "A")
3. Consultant's Proposal (Exhibit "B")
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.
Section 4: Compensation
A. The compensation to be paid under this Agreement shall be as set forth in Exhibit
"B", which shall not exceed a total cast of $
B. Consultant shall submit detailed invoices, based upon the actual work performed
accompanied by backup documentation as requested by the City.
C. Progress payments for work completed shah be paid by City as the work
progresses, within thirty (30) days of the date of Consultant's invoice.
D. 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, worker's 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 lass, 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 farce and effect during the term of this Agreement
policies of commercial general liability and automobile liability insurance {each of
which shall include property damage and bodily injury) and each 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, or with an equivalent 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 workers' compensation insurance as is
required to fully protect Consultant and its employees under California Worker's
Compensation Insurance Law. The insurance company shall agree to waive all
rights of subrogation against the City for losses paid under the policy, which losses
arose from the work performed by the named insured.
D. Other applicable insurance requirements are: (1) Name the City, its officials and
employees as additional insured on the commercial general liability and
automobile liability insurance policies. (2) The insurance shall be issued by a
company authorized by the Insurance Department of the State of California and
3
rated A, VII (seven) or better (if an admitted carrier) or A-, X (ten) or better (if
offered by a surplus line broker}, by the latest edition of Best's Key Rating Guide,
except that the City will accept workers' compensation insurance rated B-, VII
(seven) or better, or from the State Compensation fund. (3) The insurance shall
not be cancelledf except after thirty (30) days written prior notice to the City; and
(4) The commercial general liability and automobile liability insurance shall each
be primary as respects the City, and any other insurance maintained by the City
shall be in excess of this insurance and not contribute to it.
E. Upon execution of this Agreement, Consultant shall provide to City certificates of
insurance and insurer endorsements evidencing the required insurance. Insurer
endorsements (or a copy of the policy binder if applicable) shall be provided as
evidence of meeting the requirements of Subsections (1)(3} and (4) of Section 7D
above and the waiver of subrogation requirement in Section 7C above. If self-
insured far 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 Agreement
A. City and Consultant shall each have the right to terminate any or all of the services
covered by this Agreement at any time or any reason by giving ten (10) business
days written advance notice to the other party.
B. Upon termination of this Agreement, Consultant shall be paid for services
rendered by the effective date of the termination.
C. 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.
Section 9: Notice
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, upon receipt requested, postage prepaid, addressed as follows:
4
To City: City of Tustin
Attn.: Department Head
300 Centennial Way
Tustin, CA 92780-3715
To Consultant:
Section 9Q: Miscellaneous Provisions
A. Consultant shall proceed immediately and diligently to perform the services
provided far 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.
C. 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 far services
performed by Consultant under the terms of this Agreement.
E. 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 of 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 far training, including
apprenticeship.
F. This Agreement shall be interpreted in accordance with California Law. The
parties agree that the Orange County Superior Court is the exclusive venue for
any lawsuits by either party regarding this Agreement.
5
IN WITNESS WHEREOF, this Agreement was executed by the parties on the date
and year first above written.
"CITY"
CITY OF TUSTIN
By
Title
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
David Kendig, City Attorney
"CONSULTANT"
By
Title
6
TO BE REPRODUCED (PRINTED) ON CONSULTANT'S LETTERHEAD
Date:
City of Tustin
300 Centennial Way
Tustin, CA 92780
Attention: Dana R. Kasdan, P.E., Engineering Services Manager
Subject:
Dear Mr. Kasdan:
has executed the Consultant Services Agreement for the above
referenced project. In lieu of providing occurrence based professional liability insurance
coverage as required by the Agreement, warrants and represents
that it shall maintain claims made professional liability insurance coverage with the
insurance company listed on the attachment, or with an equivalent carrier, in the
amounts indicated for at least five (5~ years after the completion of the consulting
services under the Agreement. will provide the City with certificates of
insurance coverage within the period established above in order to evidence
compliance with this Agreement.
Sincerely,
CONSULTANT NAME
Authorized Signature
ACCEPTED AND AGREED T0:
Douglas S. Stack, P.E.
Director of Public WorkslCity Engineer
APPROVED AS TO FORM:
David Kendig
City Attorney
S:1CSA & RFPICSA -Tail Insurance - ~ong.doc
ATTACHMENT B
Location Exhibit
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Industrial Secondary Stree#
EXHIBIT "B"
CONSULTANT PROPOSAL
! .. J vaxw
February 20, 2012
Doug Anderson
Transportation Development Services Manager
City of Tustin
300 Centennyi°a7lOWay
Tustin, CA 9L! 00
Subject: Revised Scope of Work Fee Proposal - `°Neighborhoods of Tustin Town Center: A New
Beginning -Engineering Cost Proposal for Consultant Services to Prepare Project Feasibility
Report for Red Hill Avenue Streetscape and Median Improvements (CIP No. 70209j"
tear Mr, Anderson:
Attached for your review are the revised Scope of Work and Fee Proposal prepared by Tait & Associates,
Inc. {TAIT) far the Red Hill Avenue Streetscape and Median Concept Alternative Feasibility Report. These
revised documents incorporate the Items discussed during our February ~.3`~' Proposal Review Meeting.
To assist TAIT in our feasibility study we have included the subconsulting firm of Utility Specialists, Inc. to
support the evaluation of the existing SCE services impact to implement the project goals.
Please contact Mr. Todd Schmieder or myself at 714-560-8200, if you have any questions,
Sincerely,
Tait Associates, Inc ,~'
~~ 1
cc~.f; Vandervis, P.E.
~~~t~~ President, Director of Engineering
~~` Attachments:
Revised Scope of Wark for Red Hill Streetscape and Median Feasibility Study.:
Preliminary Project Schedule
Project Fee Summary
Schedule of Fees
Scope of Wark
Red Hill Streetscape and Median Feasibility Study
As identified in the Neighborhoods of Tustin Town Cenfer: A New Beginning, Red Hill Avenue is a key
implementation step for enhancing the Center City Neighborhood.
The purpose of this particular study is to:
Identify the most feasible alternative for the mobility and streetscapejmedian improvements on
Red Hill Avenue between I-S and Bryan Avenue.
Investigate safe routes to school, to provide enhanced pedestrian and bicycle mobility and ADA
accessibility, given the close proximity of Tustin High School, Utt Middle School, Marjorie Veep
Elementary School, and Lambert Elementary School.
The final product developed by Tait & Associates, Enc. (TAIT) will be at the conceptual level feasibility
study submitted to the City for approval.
The Neighborhoods of Tustin Town Center: A New Beginning identifies several other corridors and
gateways in the Tustin Town Center that require a similar implementation. Our team's goal is to develop
a methodology and approach that can be replicated in these other areas to facilitate implementation of
the Tustin Town Center improvements.
Based on our experience and understanding of the project area, our team believes that the following are
key factors that must be addressed in this feasibility study:
~ The property on either side of Red Hlll Avenue is largely built out and is commercial in nature
south of San Juan Street and residential north of San .loan Street. The differences in these two
distinct areas will require looking at each area independently to develop the potential streetscape,
access, traffic handling and median requirements.
Our team's focus will be on investigating feasible measures to enhance pedestrian and bicycle
mobility and considerations for accommodating turning access into and out of commercial and
residential areas if a raised landscape median is considered along Red Hill.
Page 1 of 1{?
Scope of ork
ed Hill Stretscape and eian Feasibility Study
~ The future landscape improvements must not only look good in the small spaces that are and may
become available, but must keep irrigation costs and maintenance cost and safety in mind. The
gage ~ of io
Scope of Uhf ork
Red Nill Streetscape ar~d edian Feasibility Study
Pale 3 of 10
Scape of Wark
Red Hill Streetscape and 6Vledian Feasibility Study
`ia Conet `ea~biir ee~rt
3.1 finalize Alternative Conceptual Designs (maximum of 2 alternatives)
3.2 finalize Conceptual Cost Estimates for each alternative
3.3 Prepare & Submit feasibility Report with a Recommended Alternative
3.4 Attend Planning Commission Hearing (This task was deleted per City Direction)
"f°sr het :m ;" rr~rt
~~
._ ______ a ~___
The TAlT consultant team will lead aick-off meeting with City staff and key team members to discuss
the project requirements and goals, review potential opportunities and constraints; coordinate
obtaining relevant Gty background information and documents and verify project boundaries. The kick-
off meeting will also provide an opportunity to review and adjust the proposed scope and project
schedule. It is intended that this meeting will include a site visit.
deliverables; Project hick-off Meeting Dotes
l7eliverable: None
a e~~; A:
TAIT will develop a project base map (!n AutoCAD} using the City of Tustin`s street Atlas Maps and aerie!
photographs obtained from oogle Earth or other sources.
The map will feature the study area, assumed existing street right-of-way lines, roadway lane
configuratians, crosswalks locations, on-street parking and landscape medians. Planned proposed right
Page of 10
Scope of ork
Red Nill streetscape and edian Feasibility Study
of way improvements will also be depicted. In addition, the approximate locations of street lights, traffic
signal poles and key existing utilities {pole poles, vaults and underground utilities within the existing
striped roadway median), private property lines (based an Assessor Parce! Maps} and other relevant
features will be plotted on the TAIT-prepared base map.
Deliverable. AutoCAD developed Project Base Map at 2-inch equals 40' or 20' scale (final scale will
depend an image quality and cast to obtalnj
t.s xisti t" __ ~ ~ _
The TAIT will conduct a second site visit to confirm field data and document the existing conditions with
site photographs. Limited tape measurements of existing traffic lane and median lane widths will be
conducted.
lnfiormation gained from the site visit will assist in analyzing the study area's streetscape and mobility
opportunities and constraints. The TAIT consultant team will identify vita! activity centers and local
characteristics that may contribute to the plan area's unique character and access.
We will verify existing adjacent land uses and Investigate existing driveways and pedestrian access and
potential safety issues. Areas where opportunities and constraints far development of streetscape
enhancement project will be identified and documented in an "Existing Condition" field memorandum.
Areas to be considered in this site visit may include, but are not limited ta:
® Activity centers and public access points
* Types of existing businesses and residential areas within the study area
• Street and roadway characteristics
• Existing infrastructure
Deliverables: flpportunlty and Constraint Field Condition Memorandum and Finalized Base Map
" Co~cet ~r~i~
Initial potentia! alternatives will be identified and reviewed paying particular attention to elements such
as median opening requirements and locations, restrictions an turning access, traffic Zane widths,
pedestrian and bicyclist mobility, utility pole impacts and adjacent existing private development
Page 5 of 1C}
Scope of 1Nork
Red Hill Streetscape and Median Feasibility Study
constraints, From this initial review TAIT will identify two Streetscape Alternative Concepts that will be
moved forward for additional consideration.
The design vision will be presented to the City in the form of a concept drawings showing the proposed
landscape medians (locations and landscape approach, The Concept drawings will also present
alternatives for street parkway improvements far pedestrian accessibility, potential bicycle mobility
improvements and landscape placement opportunity areas. In addition, the Concept Drawings may also
include alternatives for street traffic lane restriping, widening or narrowing.
Due to budget limitations the development of Photo images to ref#ect potential streetscape visions,
landscape options and opportunities, street lights and other street furniture has been a deleted from
this scope of work. Street scape furniture opportunities wi## be #imited to identi€ication of potential
placement opportunities for street furniture which will be depicted on the Conceptual Street Drawings.
In addition to the development of the conceptual alternatives, this task can be considered to be broken
into multiple subtasks that are to be undertaken by TAIT and members of our subcansultant team,
These subtasks include:
review of Utility Constraints. The TAIT and our subconsultant utility Spec#alists, Inc. will obtain
information on both wet and dry utilities that could have an impact the proposed Streetscape and
median alternatives.
This will include limited coordinat#on with SCE to discuss the existing overhead lines and the feasibility of
relocating or undergrounding the existing services, City-provided utility franchise agreements will be
reviewed to attempt to identify potentia# prior rights or relocation responsibilities for impacted wet and
Page 5 of 30
Scope of ork
Red Hill Streetscae and edian Feasibility Study
dry utilities. Canceptual prabable canstructian cast estimates far the relacation and/ar undergraunding
of the existing SCE services will be develaped.
Review ~eametrie, right of way and "standards of practice" canstraints TAlT will review City standards
plans and ether applicable lacal agency standards to patential establish a Class li ar Class l!I bikeway
within the study limits. As part this subtask`s effart alternatives far a raised landscape median, street
widening and public access easements will be investigated.
Review patential Alternative Concepts. As part of this task we will define the alternatives and aptiana!
campanents within each alternative under ane of the fallawing three categaries:
EDeliverables; A summary list of alternatives considered, twa Alternative Cancept Plans, twa Canceptual
Cast Estimates and twa Gateway Signage Lacatlan Cancept Exhibits.
,~. a '~
C3eliverables: Caltrans Meeting lVates and presentatian materials
te~aid ~ ~~ sit
This task has been deleted at the dlrectian of City Staff,
. ~ ~~, °-~a~ ~~~~ ~t° ~.. r
Tait will meet with City staff to review the prapased Alternatives and ether aptions cansidered, but net
advanced. Camments received will be incarparated rota the final alternative cancepts (maximum of
twa}.
Page 7 of 10
Scope of Work
Red Hill Streetscape and edian Feasibility Study
4~1ew cancepts developed based an the autcame of this City meeting will be cansidered as additianal
services and maybe subject to additianal campensatian based an the scape of wank to develap an
additianal ar new canceptual alternative.
Deliverables: city Staff Meeting #2 Nates and presentatian materials
Ts a Ce a~it~r er't
Page 8 of 20
Scope of ark
Red Full Streetscape and edian Feasibility Study
deliverables: Draft and Final Feasibility Report including all attachments and exhibits
This task has been deleted at the direction of City Staff.
Page 9 of 1Cl
Scope of Work
Red Hill Sfireefiscape and Median Feasibility Sfiudy
+ The RFP mentions the desire to address preliminary material {geotechnical) information, structure
studies, traffic calming, project landscaping, project funding and scheduling. At a concept
feasibility level, this level of detail is not appropriate and these services are not included in our
proposal.
A Project Fee Summary, based on the above defined Scope of Work, and TAIT's Schedule of Fees for
hourly services and expenses have been included at the end of this proposal.
A copy of the three-month project schedule can be on the following page. The current workload of the
TAIT consultant team members will not impact our ability to perform the work required by this project
and as outline herein in this proposal.
{
y signing below Tait ~e Associates, Inch {TAiT} acknowledges that the contents of this proposal and the
Cost Proposal {provided in a separate sealed envelope} are valid and shall remain in effect for a period
of not less than ninety {9{3) days from the date of submittal of 2/ZOj2~12.
TAIT shalC claim responsibility for design errors caused solely by Tait and Associates and agrees to
forward financial reimbursement to the City of Tustin for such errors upon request.
r°,
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lace ~~ndervis, P.E. Vice President and Principal in
Ci~~r~~a
Page 10 of 10
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CLjENT: City of ~"uetin ~3,~~ Pty
PROJECT. City of Tuetin Reti ttiij Avenue treeteca~se Median irttrovernen#
PREP EC? YaCi"S 1-~3-2'#2 Rats Schedule as}
PROJECT FEE SUMMARY
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1. Employee Classification Hourly Rate
06 -Engineering Assistant ............................................................................................................. 65.(30
18 -Contract Administrator ............................................................................................................ 80.00
04 -Engineering Designer l ........................................................................................................... 95.00
10 -Engineering Designer 11 .......................................................................................................... 120.030
03 -Project EngineerlProject Manager ......................................................................................... 140.00
02 -Professional EngineerlLicensed Surveyor ............................................................................. 165.00
17 -Senior Professional EngineerlSurveyor ................................................................................. 185.00
01 -Principal ..............................................................................................................
.................... 195.00
15 -Structural Engineer ................................................................................................................. 195.00
fly -Permit Expediter ............................................................................ ... 75.00
11 - Pem~it Specialist ..................................................................................................................... 90.00
09 -Senior Permit SpecialisFlResarch Analyst ..........................>..,. _ ..........,.,.,,....,............ .,. 95.00
07 -Surveyor ................................................................................. ... ...,.,,....... 75.00
fl8 -Senior Survey Specialistl Patty Chief ...................................................................................... 110,00
00 -Two rnan survey crew ........................................................:..................... ......o...,.......<.......... 185.OO
22 - Cane Man Survey Crew wi#h Robotics ...........................................................................a..,.,... _15fl.flO
The hourly rate far client authorized overtime and for representation at hearings and meetings after 6flO p.m.
will be invoiced at 1.5 times the posted rate.
The above rates are inclusive of phone charges, fax charges, software and licensing feesg and photocopying
charges.
2. ileage, Travel and Per Diem
Auto Mileage: .55 per mile
Air Travel and Auto Rental: Actual cost plus 15 percent
Per Diem: Actual cost of lodging and meals, plus 15 percent
3. aterials and supplies
CJffice and CARD supplies are included 'in the hourly rates. Prints, plots and reproductions are charged at
cost plus 15 percent from commercial blueprint companies. 1n-house reproduction charges are as follows:
Prints Plots Color Plots
Bond .951s.f. x.95/s.f. 6AOls.f.
Vellum 1.51s.f. 1.651s.f. 7.5Ols.f.
4. eimbursable Expenses
i11 be billed at cost plus 15 percent. Client will pay directly for all permit and agency fees; otherwise cost
plus 15 percent. Sub-consultant invoices will be billed at cost plus 15 percent.
INTEREST QF 1'-112 PERCENT PER MQNTH WILL BE CHARGED ON ALL PAST DUE ACCOUNTS.
:Fees46
EXHIBIT "C"
SPECIAL REQUIREMENTS
Conflict of Interest. In order to assure the City that Consultant is not subject to any
conflict of interest, Consultant affirms that while the Agreement is in effect, neither
Consultant nor any of its ofFcers or employees will accept private work from or provide
services to developers doing work within Red Hill Avenue feasibility study area. If
either Gity or Consultant thinks there may be a conflict of interest involving any project,
Consultant shall immediately return plans or remove inspector from project. In the
event of uncertainty about whether a potential conflict of interest exists, Consultant
shall advise Contract Officer whose decision shall be final.
2. Consultant affirms that while Agreement is in effect, neither Consultant nor any of its
officers or employees shall review draft work product with any individual or firm other
than authorized representative of City pursuant to this Agreement. In addition,
Consultant understands and agrees that all work it undertakes for the City of Tustin
shall be considered proprietary and shall not be shared by Consultant with any other
party without the written release and authorization from the City of Tustin Contract
Officer.
3. The Consultant shall comply with all applicable federal, state and local laws applicable
to its activities.
4. The Consultant shall not release to the public or press any information regarding the
purpose/scope of services to be accomplished or data specific to the project required
under the Agreement without prior authorization of the Contract Officer. All such
information is considered confidential. All inquiries made of Consultant shall be
immediately referred to the Contract Officer.
5. Consultant shall present to the City certificates of insurance and endorsement forms
verifying that the Consultant has the insurance as required by this Agreement. Said
farm shall be reviewed and approved by the City's Risk Manager.
6. If the Contract Officer determines that a product deliverable is unacceptable, either
before or after a draft or final report is issued, because it did not conform to the
specifications set forth in the Agreement, the Consultant shall submit a revised report
or product at Consultant's expense.
7. Consultant shall utilize those professional staff members to perform services as
identified in Consultant's proposal. No substitution shall be made without the advance
written approval of the Contract Officer. No increase in compensation ar reimbursable
salary rates will be allowed when personnel or firm substitutions are authorized by the
Contract Officer.
8. The Consultant shall review and replace project personnel who do not perform
assigned duties in a manner satisfactory to Contract Officer when requested by
Contract Officer.
9. Consultant agrees to maintain accounting records in a format prescribed by generally
accepted accounting principles and to provide detailed disbursement reports monthly
to the City. At minimum, these reports shall specify the period reported, list of tenants
and rents received, funds dispersed and associated checks, work completed and
payments made to contractors with invoices, property improvements underway, and
any recommended improvements, budgets and schedules for such improvements, and
any pending legal actions regarding the property's tenancies.
10. Field investigation necessary. The Consultant shall obtain all necessary field data and
make investigations and studies necessary to properly accomplish the work required
under this Agreement.
11. Consultant shall be required to meet with the Contract Officer as determined necessary
or desirable to discuss elements of the Scope of Services and property's progress.
12. For purposes of this Agreement, Jacob Vandervis shall be the representative from Tait
& Associates, Inc. approved to conduct services under the Agreement, and is identified
as Consultant's Contract Officer.
13. For purposes of this Agreement, Doug Anderson shall be the City's Contract Officer, or
other appointee as may be designated by the City Manager.
14. All vendors working on behalf of the Consultant shall maintain a current City of
Tustin business license. In addition, all vendors must have current general liability,
automobile, and worker's compensation insurance consistent with the limits imposed
on the Consultant by the City. Consultant shall provide a written notification to City
of all vendors to be engaged by Consultant and verification in writing that each
vendor has all required insurance pursuant to this Agreement.
EXHIBIT "C-1"
SAMPLE OF TAIL INSURANCE LETTER
Date
To be reproduced printed) on consultant's letterhead
Mr. Doug Anderson
Transportation & Development Services Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
ATTN: Doug Anderson, Transportation & Development Services Manager
SUBJECT: RED HILL AVENUE ENGINEERING FEASIBILITY STUDY REPORT
Dear Mr. Anderson:
Tait & Associates has executed the Consultant Services Agreement far the above
referenced project. In lieu of providing occurrence based on professional liability
insurance coverage as required by the Agreement, Tait & Associates agrees that it shall
maintain insurance coverage with the insurance company listed on the attachment, or
with an equivalent carrier in the amounts indicated for at least five (5) years after the
completion of the consulting services under the Agreement. Tait & Associates will
provide the City with certificates of insurance coverage within the period established
above in order to evidence compliance with this Agreement.
Sincerely,
Tait & Associates
Jacob Vandervis
ACCEPTED AND AGREED TO:
Douglas S. Stack, P.E.
Director of Public Works/City Engineer
APPROVED AS TO FORM:
David Kendig
City Attorney
EXHIBIT "D"
CDBG GENERAL CONDITIONS TO CITY OF TUSTIN
I. GENERAL PROVISIONS
A. General Comaliance
The CONSULTANT agrees to comply with all applicable federal, state and local
laws and regulations governing the funds provided under this contract.
B. Independent Contractor
Nothing contained in this Contract is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employerlemployee between
the parties. The CONSULTANT shall at all times remain an independent contractor
with respect to the services to be performed under this Contract. The CITY shall be
exempt from payment of all Unemployment Compensation, FICA, retirement, life
andlor medical insurance and Workers' Compensation Insurance as the
CONSULTANT is an independent contractor.
C. Grantor Recognition
The CONSULTANT shall insure recognition of the role of the City of Tustin in
providing services through this Contract. All activities, facilities and items utilized
pursuant to this Contract shall be prominently labeled as to funding source. In
addition, the CONSULTANT will include a reference to the support provided herein in
all publications made possible with funds made available under this Contract.
D. Amendments
The CITY and CONSULTANT may amend this Contract at any time provided that
such amendments make specific reference to this Contract, and are executed in
writing, signed by a duly authorized representative of both organizations, and
approved by the City Council. Any proposed amendment to this Contract shall be
submitted to and approved by the CITY, prior to commencement by the
CONSULTANT of any activity covered by said amendment.
E. Suspension or Termination
In the event of CONSULTANT'S failure to comply with the provisions of this
Contract and pursuant to 24 CFR 85.43 and 85.44, the CITY may withhold or require
CONSULTANT reimbursement of funds, andlor terminate this Contract, and/or
allocate funds previously assigned to this Contract to another eligible project(s) within
the Urban County.
Either party may terminate this Contract at any time by giving written notice to the
other party of such termination and specifying the effective date thereof at least 30
days before the effective date of such termination. Partial terminations of the Scope
of Service in Paragraph I.A above may only be undertaken with the prior approval of
the CITY. In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps models, photographs, reports or other
materials prepared by CONSULTANT under this Contract shall, at the option of the
CITY become the property of the CITY, and CONSULTANT shall be entitled to
receive just and equitable compensation for any satisfactory work completed on such
documents or materials prior to the termination.
CITY may also suspend or terminate this Contract, in whole or in part, if
CONSULTANT materially fails to comply with any terms of this Contract, or with any of
the rules, regulations or provisions referred to herein; and the CITY may declare the
CONSULTANT ineligible for any further participation in CITY contracts, in addition to
other remedies as provided by law. In the event there is probable cause to believe the
CONSULTANT is in noncompliance with any applicable rules or regulations, the CITY
may withhold up to fifteen {15) percent of said contract funds until such time as the
CONSULTANT is found to be in compliance by the CITY, or is otherwise adjudicated
to be in compliance.
II. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
Accounting Standards
The CONSULTANT agrees to comply with Attachment C of OMB Circular
A-110 and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. Documentation and Record-Keeping
Records to be Maintained
The CONSULTANT shall maintain all records required by the federal
regulations specified in 24 CFR Parts 570.503{b)(2), 570.506, 570.507, 570.508, and
that are pertinent to the activities to be funded under this Contract. Such records shall
include but not be limited to:
a. Records providing a full description of each activity
undertaken;
b. Records demonstrating that each activity undertaken meets
one of the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement,
use or disposition of real property acquired or improved with CDBG assistance;
e. Records demonstrating compliance with the requirements in
24 CFR Part 570.606 regarding acquisition, displacement, relocations, and
replacement housing.
f. Records documenting compliance with the fair housing and
equal opportunity components of the CDBG program;
g. Financial records as required by 24 CFR Part 570.502, and
OMB Circular A-110; and
h. Other records necessary to document compliance with
Subpart K of 24 CFR 570.
These records shall be kept available at CONSULTANT's office during the
project's contract period and thereafter for five (5) years from the date CONSULTANT
receives final payment from this contract.
2. Retention
The CONSULTANT shall retain all records pertinent to expenditures
incurred under this contract for a period of five (5) years after the termination of all
activities funded under this Contract, or after the resolution of all Federal audit
findings, which ever occurs later. Records for non-expendable property acquired with
funds under this Contract shall be retained for five (5) years after final disposition of
such property. Records for any displaced person must be kept for five (5) years after
he/she has received final payment.
3. Client Data
The CONSULTANT shall maintain client data demonstrating client eligibility
for services provided. Such data shall include, but not be limited to, client name,
address, income level or other basis for determining eligibility, and description of
service provided. Such information shall be made available to CITY monitors or their
designees for review upon request.
4. Property Records
The CONSULTANT shall maintain real property inventory records which
clearly identify properties purchased, improved or sold. Properties retained shall
continue to meet eligibility criteria and shall conform with the "changes in use"
restrictions specified in 24 CFR Parts 570.503{b)(8).
5. NationalObiectives
The CONSULTANT agrees to maintain documentation that demonstrates
that the activities carried out with funds provided under this Contract meet one or
mare of the CDBG program's national objectives: 1) benefit low/moderate income
persons, 2) aid in the prevention or elimination of slums or blight, 3) meet community
development needs having a particular urgency - as defined in 24 CFR Part 570.208.
6. Close-Outs
CONSULTANT obligation to the CITY shall not end until all close-out
requirements are completed. Activities during this close-out period shall include, but
are not limited to; making final payments, disposing of program assets (including the
return of all unused materials, equipment, unspent cash advances, program income
balances, and receivable accounts to the CITY and determining the custodianship of
records.
7. Audits & Inspections
All CONSULTANT records with respect to any matters covered by this
Contract shall be made available to the CITY, grantor agency, their designees or the
Federal Government, at any time during normal business hours, as often as the CITY
or grantor agency deems necessary, to audit, examine, and make excerpts or
transcripts of all relevant data. Any deficiencies noted in audit reports must be fully
cleared by the CONSULTANT with 30 days after receipt by the CONSULTANT.
Failure of the CONSULTANT to comply with the above audit requirements will
constitute a violation of this Contract and may result in the withholding of future
payments. The CONSULTANT hereby agrees to have an annual agency audit
conducted in accordance with current CITY policy concerning CONSULTANT audits.
C. Reporting and Payment Procedures
Program Income
The CONSULTANT shall report quarterly all program income as defined at
24 CFR 570.500{a) generated by activities carried out with CDBG funds made
available under this Contract. The use of program income by the CONSULTANT shall
comply with the requirements set forth at 24 CFR 570.504. Byway of further limitation,
the CONSULTANT may use such income during the contract period for activities
permitted under this Contract and shall reduce request for additional funds by the
amount of any such program income balances on hand. All unused program income
shall be returned to the CITY at the end of the contract period. Any interest earned on
cash advances from the U.S. Treasury is not program income and shall be remitted
promptly to the CITY.
2. Indirect Casts
If indirect costs are charged, the CONSULTANT will develop an indirect cost
allocation plan for determining the appropriate CITY share of administrative costs and
shall submit such plan to the CITY for approval.
3. Payment Procedures
a. The CITY will pay to the CONSULTANT funds available under this
Contract based upon information submitted by the CONSULTANT and consistent with
any approved budget and CITY policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred by
the CONSULTANT, and not to exceed actual cash requirements. Payments will be
adjusted by the CITY in accordance with advance fund and program income balances
available in CONSULTANT accounts. In addition, the CITY reserves the right to
liquidate funds available under this Contract for costs incurred by the CITY on behalf
of the CONSULTANT.
b. Payment by the CITY to CONSULTANT shall be on a reimbursable
basis unless CONSULTANT has been authorized and issued a cash advance at the
discretion of the CITY.
4. Performance Reports
The CONSULTANT shall submit regular Performance Reports to the CITY
in the form, content, and frequency as required by the CITY.
a. The CONSULTANT shall submit Quarterly Performance Reports no
later than 15 days after the end of the quarter of the Fiscal Year (July -September,
October -December, January -March, April -June}.
b. The CONSULTANT shall submit Annual Performance Reports no
later than15 days after the end of the Fiscal Year.
D. Procurement
Compliance
The CONSULTANT shall comply with current CITY policy conceming the
purchase of equipment and shall maintain an inventory record of all non-expendable
personal property as defined by such policy as may be procured with funds provided
herein. All program assets (unexpended program income, property, equipment, etc.)
shall revert to the CITY upon termination of this Contract.
2. OMB Standards
The CONSULTANT shall procure materials in accordance with the
requirements of Attachment O of OMB Circular A-110 Procurement Standards, and
shall subsequently fallow Attachment N, Property Management Standards, covering
utilization and disposal of property.
3. Travel
The CONSULTANT shall obtain prior written approval from the CITY for any
travel outside the metropolitan area with funds provided under this Contract.
III.PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
Compliance
The CONSULTANT agrees to comply with Title VI of the Civil Rights Act of
1964, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Sections
104{b) and 109 of the Title I of the Housing and Community Development Act of 1974;
Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of
1990; the Age Discrimination Act of 1975; Executive Order 11063, as amended by
Executive Order 12259; Executive Order 11246, as amended by Executive Orders
11375 and 12086; and Section 3 of the Housing and Community Development Act of
1968.
2. Nondiscrimination
The CONSULTANT will not discriminate against any employee or applicant
for employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public
assistance. The CONSULTANT will take affirmative action to insure that all
employment practices are free from such discrimination. Such employment practices
include but are not limited to the following: hiring, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff, termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. The
CONSULTANT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting agency setting
forth the provisions of this nondiscrimination clause.
3. Section 504
The CONSULTANT agrees to comply with any federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, {29 U.S.C.
706) which prohibits discrimination against the handicapped in any federally assisted
program. The CITY shall provide the CONSULTANT with any guidelines necessary
for compliance with that portion of the regulations in force during the term of this
Contract.
B. Affirmative Action
1. Approved Plan
The CONSULTANT agrees that it shall be committed to carry out pursuant
to the CITY specifications an Affirmative Action Program in keeping with the principles
as provided in President's Executive Order 11246 of September 24, 1985.
2. WMBE
The CONSULTANT will use its best efforts to afford women- and
minority-owned business enterprises (WMBE) the maximum practicable opportunity to
participate in the performance of this Contract. As used in this contract, the term
"minority and female business enterprise" means a business at least fifty-one (51)
percent owned and controlled by minority group members or women. For the purpose
of this definition, "minority group members" are Afro-Americans, Spanish speaking,
Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American
Indians. The CONSULTANT may rely on written representations by CONSULTANTs
regarding their status as minority and female business enterprises in lieu of an
independent investigation.
3. Access to Records
The CONSULTANT shall famish and cause each of its sub-CONSULTANTS
to furnish all information and reports required hereunder and will permit access to its
books, records and accounts by the CITY, HUD or its agents, or other authorized
federal officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
The CONSULTANT will send to each labor union or representative of
workers with which it has a collective bargaining Contract or other contract ar
understanding, a notice, to be provided by the agency contracting officer, advising the
labor union ar worker's representative of the CONSULTANT's commitments
hereunder, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5. EEO/AA Statement
The CONSULTANT will, in all solicitations or advertisements far employees
placed by or on behalf of the CONSULTANT, state that it is an Equal Opportunity or
Affirmative Action employer.
6. Subcontract Provisions
The CONSULTANT will include the provisions of Paragraphs X A, Civil
Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically
or by reference, so that such provisions will be binding upon each subCONSULTANT
or vendor.
C. Employment Restrictions
Prohibited Activity
The CONSULTANT is prohibited from using funds provided herein or
personnel employed in the administration of the program for political activities,
sectarian, or religious activities; lobbying, political patronage, and nepotism activities.
2. OSHA
Where employees are engaged in activities not covered under the
Occupational Safety and Health Act (OSHA} of 1970, they shall not be required or
permitted to work, be trained, or receive services in buildings or surroundings or under
working conditions which are unsanitary, hazardous or dangerous to the participants'
health or safety.
3. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the
execution of this Contract, shall be a condition of the federal financial assistance
provided under this Contract and binding upon the CITY, the CONSULTANTs and any
subCONSULTANTs. Failure to fulfill these requirements shall subject the CITY, the
CONSULTANT and any subCONSULTANTs, their successors and assigns, to those
sanctions specified by the Contract through which federal assistance is provided. The
CONSULTANT certifies and agrees that no contractual or other disability exists which
would prevent compliance with requirements.
The CONSULTANT further agrees to comply with these "Section 3"
requirements and to include the following language in all subcontracts executed under
this Contract:
"The work to be performed under this Contract is a project assigned
under a program providing direct federal financial assistance from HUD and is subject
to the requirements of Section 3 of the Housing and Urban Development Act of 1968,
as amended, 12 U.S.C. 1701. Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to lower income residents of the
project area and contracts for work in connection with the project be awarded to
business concerns which are located in, or owned in substantial part by persons
residing in the areas of the project."
The CONSULTANT certifies and agrees that no contractual or other
disability exists which would prevent compliance with the requirements.
b. Notifications
The CONSULTANT agrees to send to each labor organization or
representative of workers with which it has a collective bargaining Contract or other
contract or understanding, if any, a notice advising said labor organization or worker's
representative of its commitments under this Section 3 clause and shall post copies of
the notice in conspicuous places available to employees and applicants for
employment or training.
c. Subcontracts
The CONSULTANT will include Section 3 clause in every subcontract
and will take appropriate action pursuant to the subcontract upon a finding that the
subCONSULTANT is in violation of regulations issued by the Grantor Agency. The
CONSULTANT will not subcontract with any subCONSULTANT where it has notice or
knowledge that the latter has been found in violation of regulations under 24 CFR 135
and will not let any subcontract unless the CONSULTANT has first provided it with a
preliminary statement of ability to comply with the requirements of these regulations.
D. Conduct
Assignability
The CONSULTANT shall not assign or transfer any interest in this Contract
without the prior written consent of the CITY thereto; provided, however, that claims
for money due or to become due to the CONSULTANT from the CITY under this
Contract may be assigned to a bank, trust company, or other financial institution
without much approval. Notice of any such assignment or transfer shall be furnished
promptly to the CITY.
2. Subcontracts
a. Approvals
The CONSULTANT shall not enter into any subcontracts with any
agency or individual in the performance of this Contract without the written consent of
the CITY prior to the execution of such Contract.
b. Manitoring
The CONSULTANT will monitor all subcontracted services on a
regular basis to assure contract compliance. Result of monitoring efforts shall be
summarized in written reports and supported with documented evidence of follow-up
actions taken to correct areas of the noncompliance.
c. Content
The CONSULTANT shall cause all of the provisions of this Contract
in its entirety to be included in and made a part of any subcontract executed in the
performance of this Contract.
d. Section Process
The CONSULTANT shall undertake to insure that all subcontracts let
in the performance of this Contract shall be awarded on a fair and open competition
basis. Executed copies of all subcontracts shall be forwarded to the CITY along with
documentation concerning the selection process.
3. Hatch Act
The CONSULTANT agrees that no funds provided, nor personnel employed
under this Contract, shall be in any way ar to any extent engaged in the conduct of
political activities in violation of Chapter 15 of Title V United State Code (Hatch Act).
4. Conflict of Interest
The CONSULTANT agrees to abide by the provisions of 24 CFR 570.611
with respect to conflicts of interest, and covenants that if presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required under this
Contract. The CONSULTANT further covenants that in the performance of this
Contract no person having such a financial interest shall be employed or retained by
the CONSULTANT hereunder. These conflict of interest provisions apply to any
person wha is a employee, agent, consultant, ofFicer, or elected official or appointed
ofFcial of the CITY or of any designated public agencies or CONSULTANTs which are
receiving funds under the CDBG Entitlement program.
5. Lobbying
The CONSULTANT hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or
on behalf of it, to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the awarding of a
Federal contract, the making of any Federal grant, the making of Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement;
b. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an officer or
employee of an agency, a member of Congress, an officer or employee of Congress,
of an employee of a member of Congress in connection with this federal contract,
grant loan. or cooperative agreement, it will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions;
c. It will require that the language of paragraph (d) of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans and cooperative agreements) and that
all CONSULTANTS shall certify and disclose accordingly; and
d. Lobbying Certification
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
6. Copyright
If this contract results in any copyrightable material, the CITY and/or grantor
agency reserves the right to royalty-free, non-exclusive and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use, the work for
government purposes.
7. Religious Organization
The CONSULTANT agrees that funds provided under this contract will not
be utilized for religious activities, to promote religious interests, or for the benefit of a
religious organization in accordance with the federal regulations specified in 24 CFR
570.200Q).
8. Drug-Free Workplace Policy
The CONSULTANT shall establish aDrug-Free Awareness Program to
inform employees of the dangers of drug abuse in the workplace, the penalties that
may be imposed upon employees far drug abuse violations occurring in the
workplace, and the assistance programs available to employees. Each employee
engaged in the performance of a CITY contract must be notified of this Drug-Free
Awareness Program, and must abide by its terms. Failure to establish a program,
notify employees, or inform the CITY of adrug-related workplace conviction will
constitute a material breach of contract and cause for immediate termination of the
contract by the CITY.
IV. ENVIRONMENTAL CONDITIONS
A. Air and Water
The CONSULTANT agrees to comply with the following regulations insofar as they
apply to the performance of this Contract:
• Clean Air Act, 42 U.S.C., 1857, et seq.
• Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.,
as amended 1318 relating to inspection, monitoring, entry, reports, and information, as
well as other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder.
• Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R,
Part 50, as amended.
• National Environmental Policy Act of 1969.
• HUD Environmental Review Procedures (24 CFR, Par. 58).
B. Historic Preservation
The CONSULTANT agrees to comply with the Historic Preservatian requirements
set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C.
470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties, insofar as they apply to
the performance of this contact.
In general, this requires concurrence from the State Historic Preservation Officer for
all rehabilitation and demolition of historic properties that are fifty years old or older or
that are included on a Federal, State, or local historic property list.
EXHIBIT "E"
SCHEDULE OF COMPENSATION and PERSONNEL HOURLY RATES
Compensation
As payment for services rendered under this Agreement, the City shall pay the
Consultant anot-to-exceed amount of Twenty-Four Thousand Dollars ($24,000) as
shown on the EXHIBIT "E-1 ". Consultant agrees to hold all hourly rates identified in
their Proposal (EXHIBIT "B") constant though completion of all services rendered
under the Consultant Services Agreement.
Expense Reimbursement
2. The Consultant's not-to-exceed compensation for services under this Agreement may
include reimbursement for miscellaneous expenses. The City shall reimburse
Consultant for direct expenses. Consultant shall not be reimbursed for travel
expenses.
Compensation for Additional Services
3. In the event the City requires services in addition to those described in the Agreement,
said services must first be approved in writing by the Contract Officer. The Consultant
shall be compensated at the Consultant's standard hourly rates for professional
services, plus reimbursement of expenses or a fixed amount agreed to in writing by
the Agency and Consultant.
Method of Pavment
4. As a condition precedent to any payment to Consultant under this Agreement,
Consultant shall submit monthly to the City a statement of account which clearly sets
forth by dates the designated items of work, as well as reimbursable expenses, for
which the billing is submitted. The payment request shall identify each task required by
the Agreement, hours of effort, percent of completion, amount of actual reimbursable
expenses and requested amount to be billed against each task. Consultant shall not
bill in excess of any phase in the scope of services as identified in EXHIBIT "E-1 ",
without written authorization by the City.
Timing of Payment
5. The City shall review Consultant's monthly statements and pay Consultant for services
rendered and costs incurred hereunder, at the rates and in the amounts provided
hereunder, on a monthly basis in accordance with the approved monthly statements.
Payment for services rendered and casts incurred at the rates and in the amounts
provided subject to Consultant's statement submittal within the time frame identified in
Section 2.2 of the Agreement.
i€
I.. $w. °
PROPOSAL NO. ME0290S 18-Feb-12
CLIENT: City of TUStin 63:47 PM
PROJECT: City ot` Tustin Red HiII Avenue Streetscape ~ Median improvements
PREPARED BY:DTS 1-13-2012 {R~.,:e Schedule 46}
PRC}JECT FEE SUMMARY
WORK _ ~ 5enior Protect yyEngineer Engineer Contract ~ ITEM TOTaL3 _
TASK I PRIN. I ProfEng ~ Engineer Desl~nerii Designerl~~Adm3n C HOUR8~~GOST BiJLaBIE
Noudy Rate ~ '195lhr i S185tFrr 1 f144;1rr ~ 512o1hr I SsSlhr ~~Spihr Totals ~ Totals- Totals
Task i Getting Started
r v. { i~1tg(#1) ~ 2 ... 4 n 6+r?
'_.
Rpw~w Exrsking Srte condifsons ~ 2 4 0 S1 t?
i _. . .., r { i _
7ttn'n 8 Review Redev Pian & S td^es ~ 2 1 2 0 240
)t t a n& Revew Ctty Record':nformattcn 4 2, _ 6 0 986
_ _..
:~ttan 8 Revie^N~Caltrans Recr,ri ~.nrormation i 1' 2 0 2",0
_ ^~ ~ Cat.a ~ ~ ~-
Oh ~ . FS R+aviPtti R' ht of y ~ ~_ 0 2~^
_... i ...
Ok ~ ~ & R-.~iF.:. 5trtF :et utn & SC) 'nEo 2 - 2 ~ 0
D v-lop CA9Pnoto Bn5 . t~ra~ ^UP.tq. ROY1 pwys h r s. ~~ ., ,st 6 ~ S 0 ~' [~
_..
Crpcart::nltyBt4C^str nt 'er o cx C n1 -nn~ 2 i 2 0 3i[,:
ruaact ".lanagement & Cc ~~',rat , ~ 4 2 ~ 2 8 0 1,'~tt
71RECT COSTS 6 160 iGa~
- ._.__ ~ 0 24 1 0 r 2 40 ~ S100 S5,T301
Task 1 SUt370TAL5 .. _ 0 ~ 14 , - - _ ,. -~, . -_---
Task 2 -Concept Planning ~ _ ~ ___~__
DevF ,F,~ ur t of Concept x".: a .:, 12 24 38 0 5 1116
_. - ,
D e [,i, • t Esr:matas ~ at D&~i 2 B 16 _. 6 .. .grt
Atte i Pr t . e~,t ~ l ~.~li ~.~ 2.~. 70 ~~
atte f La a s .ear ~ (ii ~~ 9 j
~Ua .J ~.1x h tier ~t gs {~r~ne; 0 ~ Q ~'
4 0 53U
2
~L ' r .:~, ~ ant .cord & 10r9pem~nt~ ~ ~~ ' --
rut ~f ', a^a3aem,;rtt $~ C .rdinat _n E 2 8 ~ 0 ' 2'0
JiRF-C ~" ..:; iS
,Task 2 SUBTOTALS ~ t _._ ~ .....~_ 26 "~--- 0 1 32 £ ~ ~ `, Wig: d 62 S 00 ' S9,2670 `'
,; _ _ _ _
[[E.Task 3 -Develop Final Concepts and Feasibility Report
A ~.st :n F al ^ r4 Cr ~ rt , ;,rn3x 2j 4 ,^ r 1 --- + ,
_.
~Pr~pa-t Fc~~itiliry n .r.~ 12 ~ _ 2 ~c .~ ~ o~:-
' n ~,
t+,ta;n:rl "^ t.tve•,n~tNone) ! 6 0 -_
t ,,n.a'lant Coord 8 Management _ ~ _ U ~
___..
.Project ^'ana~ememt & Coordrnation a ~ 2 6 0 ~''!?
C1~R -, i5 0 3t .r 30Q i.
_ _ ~_
Task~3 SUBTOTALS 0 ~~- 20 ~-- 0 W_ 1. ~ .,~.___. 0 4 38 j3t ~ ~ 56,000
--
Sufi onsultant Services ~___,~_ _
....-. ._..,.__. __..... _ _ ~_. _ ._..._,.,._.....-.~.~- ..... _.~..~. .e...., .._. ..~
_ ... 0 ~.-,..~,_, .,
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~...,.. 6
try „Ifv J ti oF~.. J'~= } ~ ..... . . .. ......_.. C} 1rS li ~ C~~ '~
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Suk, xrsu',t~ ~[ D rest Costs ,.. ~, ._~ _-__../_
Suhconsultant Subtotal 0! __ 0 0 0 4{ 4 0 S3,[lo0 53,000 !!
_~ !t . ~...__. _.
TIASK ~ PRIN. i Prof Eng i Engineer Dasiggner it ~ Designer ( ~ CAdmint HOUR5 IT COg~TAL s 3ILLABLE
Project Totals (Tasks A-L) 0 80 0~ 70 ~ 0 10 i 140 53,700 524.400 '
~ Page 1
1. Employee Classification Ho urly Rate
06 -Engineering Assistant ............................................................................................................. 65.00
18 -Contract Administrator ............................................................................................................ 80.00
04 -Engineering Designer I ........................................................................................................... 95.00
10 -Engineering Designer II .......................................................................................................... 120.00
03 -Project Engineer/Project Manager ......................................................................................... 140.00
02 -Professional Engineer/Licensed Surveyor ............................................................................. 165.00
17 -Senior Professional Engineer/5urveyor ................................................................................. 185.00
01 -Principal .................................................................................................................................. 195.00
15 -Structural Engineer ................................................................................................................. 195.00
05 -Permit Expediter ..................................................................................................................... 75.00
11 -Permit Specialist ..................................................................................................................... 90.00
09 -Senior Permit Specialist/Research Analyst ............................................................................ 95.00
07 - Surveyar ................................................................................................................................ 75.00
08 - Senior Survey Specialist! Party Chief ..................................................................................... 110.00
00 -Two man survey crew ............................................................................................................. 185.00
22 -One Man Survey Crew with Rabotics ...............................................................................,..... 150.00
The hourly rate for client authorized overtime and for representation at hearings and meetings after 6:00 p.m.
will be invoiced at 1.5 times the posted rate.
The above rates are inclusive of phone charges, fax charges, software and licensing fees, an d photocopying
charges,
2. Miieage, Travel and Per Diem
Auto Mileage: $.55 per mile
Air Travel and Auto Rental: Actual cost plus 15 percent
Per Diem: Actual cost of lodging and meals, plus 15 percent
3. Materials and Supplies
Office and CADD supplies are included in the hourly rates. Prints, plots and reproductions are charged at
cost plus 15 percent from commercial blueprint companies. In-house reproduction charges are as follows:
Prints Plots Color Plots
Bond $ .95/s.f. $.95/s.f. $6AO/s.f.
Vellum 1.35/s.f. 1.65/s.f. 7.50ls.f.
4. Reimbursable Expenses
Will be billed at cost plus 15 percent. Client will pay directly for all permit and agency fees; otherwise cost
plus 15 percent. Sub-consultant invoices will be bided at cost plus 15 percent.
5. Insurance Coverage
General Liability: $5,000,000
ErrarslOmissions: $1,000,000
California Workers' Compensation -Statutory
Certificates of insurance coverage will be provided upon request.
Waivers of Subrogation (if required} will be billed as a 2°lo surcharge on all invoices.
Special endorsements will be billed to the client at cast plus 15°l0 on the first project.
INTEREST OF 1-112 PERCENT PER MONTH WILL BE CHARGED ON ALL PAST DUE ACCOUNTS,.
:Fees46
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