HomeMy WebLinkAbout07 RBF CONSULTING-ENGINEERING FEASIBILITY STUDY• Agenda Item 7
AGENDA REPORT Reviewed:
City Manager
Finance Director i
MEETING DATE: APRIL 3, 2012
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER
SUBJECT: APPROVE A CONSULTANT SERVICES AGREEMENT WITH RBF
CONSULTING FOR PREPARATION OF AN ENGINEERING FEASIBILITY
STUDY FOR MCFADDEN AVENUE STREETSCAPE AND PEDESTRIAN
IMPROVEMENTS (CIP NO. 70210)
SUMMARY
City Council approval is requested of a Consultant Services Agreement with RBF Consulting to
prepare an Engineering Feasibility Study for McFadden Avenue Streetscape and Pedestrian
Improvements between Williams Street and the SR -55 Mc Fadden Bridge. This project is one of
the short-term action projects identified within the West Village 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 RBF Consulting to prepare an Engineering Feasibility Study (Study) for
McFadden Avenue Streetscape and Pedestrian Improvements project.
FISCAL IMPACT
The cost to prepare the Study is $31,680 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 Center: A
New Beginning, a Strategic Guide to Development' report. The primary objective of the Guide for
Development is to provide a framework for 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 West Village neighborhood.
Key features of the Study will include the investigation and evaluation of streetscape and
pedestrian improvements along McFadden Avenue between Williams Street and the SR -55
McFadden Bridge to provide for enhanced pedestrian and bicycle accessibility and a safe route to
school for children in the area. The Study will also look into the implementation of a roadway
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 McFadden Ave. Streetscape
April 3, 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 five
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 RBF Consulting was the best overall to prepare this Study. The City has
worked with RBF Consulting 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 RBF
Consulting for preparation of this Study.
P.E.
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
SACity Council Itemst2012 Council Items\Approve CSA with RBF Consulting for McFadden Ave Streetscape.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 RBF Consulting, 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 ") January 6, 2012, 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 March 8, 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:
1. 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.
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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 loss 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 Maieure. 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 (10)
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 Officers 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:
RBF Consulting
Gary L. Miller, Vice President
14725 Alton Parkway
Irvine, CA 92618 -2027
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 for 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 for compliance with State and
Federal Law 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- insured for worker's
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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 for 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 Report s. 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 a non - 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 for 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: RBF Consulting
Gary L. Miller, Vice President
14725 Alton Parkway
Irvine, CA 92618 -2027
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.
Dated:
APPROVED AS TO FORM:
David Kendig
City Attorney
"City"
CITY OF TUSTIN, a municipal corporation
M
Jeffrey C. Parker
City Manager
"Consultant"
RBF Consulting, Inc.
M
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Gary L. Miller
Vice President
EXHIBIT "A"
SCOPE OF SERVICES
Attached hereto is: 1) Request for Proposal — Scope of Services
REQUEST FOR PROPOSAL (RFP) — CITY OF TUSTIN
NEIGHBORHOODS OF TUSTIN TOWN CENTER:
A NEW BEGINNING --
Engineering Feasibility Study Report
McFadden Avenue Streetscape and Pedestrian Improvements
Between Williams Street and the SR -55 McFadden Bridge in the
City of Tustin
(CIP NO. 70210)
TUSTIN
BUILDING OUR FUTURE
HONORING OUR PAST
Notification Mailinq Date
January 6, 2012
Proposal Submittal Due Date
February 3, 2012
City of Tustin
Public Works Department
300 Centennial Way
Tustin, CA 92780
Neighborhoods of Tustin Town Center: A New Beginning -
Engineering Feasibility Study Report RFP
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 McFadden Avenue Streetscape and Pedestrian Improvements
between Williams Street and the SR -55 McFadden Bridge 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 McFadden Avenue Streetscape and
Pedestrian Improvements between Williams Street and the SR -55 McFadden Bridge 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://www.tustinca.or-q/departments/redev/whatsnews.htmi).
"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 is fostered in collaboration with actions by the City to improve the three
neighborhoods over the next few decades.
11. The Project Area
The three Town Center project neighborhoods are generally located in central Tustin as shown on the
attached location exhibit. The proposed McFadden Avenue Streetscape and Pedestrian
Improvements are located in the West Village neighborhood. The West Village neighborhood can be
generally described as follows:
A 167 -acre area that is predominantly multi - family residential with two manufactured home
communities, and smaller scale commercial uses along McFadden Avenue. Most of the
development in this area was built out during the 1960s and 1970s. There are very few vacant
parcels of land.
III. 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 other program studies within each
Neighborhood with the goal 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.
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Neighborhoods of Tustin Town Center: A New Beginning -
Engineering Feasibility Study Report RFP
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 El Camino Real.
• Streetscape and median improvements along Red Hill Avenue
• Improvements to the existing Caltrans Retaining Wall, El Camino Real,
• Potential bike lanes along El 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 cu / -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 should consider the development components typical to
the project being considered: 1) Feasibility Study; 2) Conceptual Design /Cost Analysis; 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 Feasibility Study Report shall include and address at minimum the following components:
The roadway segment shall be reviewed and specific recommendations identified for streetscape
and pedestrian improvements on McFadden 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.
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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
• Landscape information
• Traffic data
• Geometry and typical sections
• Preliminary structure studies
• Right -of -way analysis
• Utility relocation and considerations
• Land use
• Scheduling
• 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:
• Introduction
• Background
• Need and Purpose
• Alternative Descriptions and Pertinent Design Issues
• Environmental Issues
• Scheduling
• Other Agencies
• Recommended Alternative and Cost Estimate
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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
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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:
• Compliance with the Request for Proposal
• Understanding of the project
• Methodology and management approach
• Experience and performance on similar projects
• Familiarity with Federal and State procedures
• Compliance with DBE requirements
• Qualifications of the Project Manager
• Capabilities of proposed staff
• Time allocated to various staff and tasks
• 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 or late submittals shall be cause for immediate
disqualification.
VII. Minority/Women's Business Enterprise (M/WBE) Requirements
The project is partially 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
(M/WBE), 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: / /edr.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
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proposal and provide the information on the "List of Proposed M/WBE Subcontractors and Suppliers"
form.
• The name and address of each M/WBE who will participate in the contract.
• A clearly defined scope of work to be performed by the M/WBE.
• The estimated dollar value of the work to be performed by the M/WBE.
• 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 a bona -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 a bona -fide employee, any fee, commission, percentage, brokerage
fee, gift, or any other consideration, contingent upon or 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: January 6, 2012
• Deadline for RFP Submittal: February 3, 2012
• Complete Evaluation of Consultant Proposals: TBD
• Complete Interview & Selection of Consultant: TBD
• City Council Contract Approval: March 6, 2012
• Notice to Proceed: TBD
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Proposals shall be submitted before 4 PM on February 3, 2012, to
Tustin City Clerk's Office
300 Centennial Way
Tustin, CA 92780
A Notice to Proceed is expected to be issued in March 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.
Insurance 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 performed 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 Accord Certificate are not an
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Neighborhoods of Tustin Town Center: A New Beginning -
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MEMO
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 for 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 and /or 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
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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.
Xl. 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 January 25, 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) 573 -3113
E -Mail: danderson atustinca.org
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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 Department's 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
B. Location Exhibit
11 1 Page
ATTACHMENT A
Sample Consultant 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 or 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 for said Project.
NOW, THEREFORE, for the consideration and upon the terms and conditions
hereinafter set forth, the parties agree as follows:
AGREEMENT
Section 1: Scope of Consultant's Services
Consultant shall perform all work necessary to complete in a manner satisfactory
to City, the services set forth in Exhibit "A" and Exhibit "B" 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 for 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 cost 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 shall 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
2
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 loss, damage, injury, sickness,
death, or other claim made by any person and from all costs, expenses and charges
including attorney's fees caused by or arising out of Consultant's, its officers', agents',
subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or
willful misconduct, or conduct for which the law imposes strict liability on Consultant in the
performance or failure to perform this Agreement.
Section 7: Insurance
A. Consultant shall maintain in full force and effect during the term of this Agreement
policies of 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 cancelled, 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 for worker's compensation, Consultant shall submit to City a copy of its
certification of self- insurance issued by the Department of Industrial Relations.
Section 8: Termination of 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:
ld
To City: City of Tustin
Attn.: Department Head
300 Centennial Way
Tustin, CA 92780 -3715
To Consultant:
Section 10: Miscellaneous Provisions
A. Consultant shall proceed immediately
provided for in this Agreement upon
therewith.
and diligently to perform the services
receipt of notice from City to proceed
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 for 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 for 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.
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
David Kendig, City Attorney
"CITY"
CITY OF TUSTIN
X
Title
"CONSULTANT"
LIM
Title
TO BE REPRODUCED IPRINTEDI 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 TO:
Douglas S. Stack, P.E.
Director of Public Works /City Engineer
APPROVED AS TO FORM:
David Kendig
City Attorney
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March 8, 2012 IN: 10- 108541.999
Mr. Doug Anderson, Transportation & Development Services Manager
City of Tustin
300 Centennial Way
Tustin, California 92780
Subject: Proposal for Consulting Services to Prepare an Engineering Feasibility Study Report for
McFadden Avenue Streetscape and Pedestrian Improvements (CIP No. 70210)
Dear Mr. Anderson:
As a result of our meeting with you on March 5, 2012 we have revised our previously submitted scope of
work and fees to eliminate tasks associated with design. It is our understanding that these subsequent
concept and final design tasks will follow upon completion of this Feasibility Study for the McFadden
Avenue Streetscape and Pedestrian Improvements between Williams Street and the SR -55 McFadden
Bridge.
I am including revised documents for your review and use as follows:
Revised Scope of Work and Understanding
Revised Fee Schedule
o Revised Schedule to reflect the completion of this study by the end of FY11 /12 (June, 201 ).
Please feel free to contact me at (949) 855 -3605 or gmiller@rbf.com should you have any questions
regarding our proposed scope of services or fee.
Respectfully submitted,
Gary L. Mil
Vice President I Public Works/Tronsportation
PLANNING ® DESIGN 9 CONSTRUCTION
14725 Alton Parkway, Irvine, CA 92618 -2027 • P.O. Box 57057, Irvine, CA 92619 -7057 • 949.472.3505 • Fax 949.472.8373
Offices located throughout California, Arizona & Nevada • w ABF.com
TUSTIN
Consulting Services I CIP NO. 70210 1 ENGINEERING FEASIBILITY STUDY REPORT FOR
MCFADDEN AVENUE STREETSCAPE AND PEDESTRIAN IMPROVEMENTS
1. METHODOLOGY
PROJECT UNDERSTANDING
The City of Tustin is
requesting the
services of a
consulting
engineering firm to
identify and
evaluate the
feasibility for future
incorporation of
streetscape and pedestrian improvements for
McFadden Avenue between Williams Street and the
State Route 55/ McFadden Bridge. This Feasibility Study
will provide a framework for the "short- term"
implementation of strategic development actions as
identified within "The Neighborhoods of Tustin Town
Center: A New Beginning —A Strategic Guide for
Development ". These elements include evaluation of
the feasibility of streetscape improvements, bicycle
lanes, necessary right -of -way, if needed, and the level
and type of specific improvements appropriate to for
the McFadden Avenue project area. To achieve these
goals, the basis of this study shall include review of the
existing roadway segment; identify streetscape,
pedestrian, and bicyclist improvements that enhance
pedestrian and bicycle accessibility and safe route to
school for children. The accessibility and streetscape
improvements may include sidewalk widening, bicycle
facilities, traffic calming measures, pedestrian crosswalk
enhancements, traffic signal, street lighting, furniture,
reconfiguration of travel lanes and on- street parking,
and landscape treatments and /or modifications. The
Feasibility Study Report shall identify the best feasible
alternative for implementation of the noted streetscape
improvements and amenities in the most cost effective
manner with the least impact to right -of -way and
private properties.
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KEY TECHNICAL ISSUES
ROADWAY GEOMETRICS
The existing street geometry of McFadden Avenue
generally includes sidewalks /parkways of varying widths
(approximately 7' minimum) two travel lanes in each
direction of approximately 12' and a striped median
lane painted approximately 14' to 16' wide. The
Feasibility Report is intended to provide
recommendations consistent with The Neighborhoods
of Tustin Town Center Guide, such as planted medians,
bike facilities, and pedestrian improvements. There are
various alternatives that can be evaluated to achieve
this objective. The alternative presented, Exhibit "A ",
shows a new roadway section including Class II bike
lanes, a raised median, and landscape improvements to
soften and tie together the roadway segment.
Discussions with the City will occur to evaluate other
alternatives to meet the goals of the McFadden Avenue
Streetscape and Median Improvements project that will
also consider future city -wide goals for retail
redevelopment, accessibility and gateway development,
bicycle connectivity, and identifying safe routes to
school needs. A component of this study that will be
discussed is how will the bike lanes be terminated at
each end of the project; and connectivity to existing
and /or future bicycle facilities.
OVERHEAD AND UNDERGROUND UTILITIES
The proposed project will be designed with
consideration for the SCE power poles, including the 66
KV facilities and cabinets within the parkway area of
McFadden Avenue. RBF will perform a field review and
review of documents to be provided by SCE to evaluate
relocation, protection or potential undergrounding
requirements for use in determining improvement
alternatives. Other utilities within the project limits will
be contacted for their identification of their impacts to
facilities. This information will be used to evaluate
pedestrian required clearances around these facilities to
comply with ADA requirements. Early coordination with
the utility owners will facilitate a determination of
impacts for the alternative that the City may select and
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Consulting Services I CIP NO. 70210 1 ENGINEERING FEASIBILITY STUDY REPORT FOR
MCFADDEN AVENUE STREETSCAPE AND PEDESTRIAN IMPROVEMENTS
will consider potential development of adjacent
properties that may be affected by the selected
alternative.
EXISTING DEVELOPMENT AND ACCESS
The existing retail, industrial, and residential uses
adjacent to the project limits will be considered when
preparing street improvements. In addition, "The
Neighborhoods of Tustin Town Center: A New
Beginning" Guide describes re- development and
gateway features at the intersection of McFadden
Avenue and Tustin Village Way. Designing raised
medians will require considerations for existing and
future uses for access while achieving a distinctive
streetscape. It is anticipated that community outreach
to the retail association among others identified by the
City would facilitate some of the access decisions.
Restriction of driveways across the sidewalk routes to
school may improve the pedestrian use. Retail access
will require consideration to evaluate the merits of
constricting left turn access where feasible to minimize
traffic incidents.
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TYPICAL SECTION
McFadden Avenue
between Williams Street and State Route 55
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TYPICAL SECTION
McFadden Avenue
between Williams Street and State Route 55
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Consulting Services I CIP No. 70210 1 ENGINEERING FEASIBILITY STUDY REPORT FOR
McFADDEN AVENUE STREETSCAPE AND PEDESTRIAN IMPROVEMENTS
TRAFFIC DATA
As part of the initial efforts of the project, RBF will
analyze existing and future pedestrian, bicyclist, and
vehicle traffic within the project area in order to
determine possible impacts to their facilities due to the
proposed improvements. Also, impacts to existing
facilities at the project limits will need to be evaluated
and interim and ultimate solutions will be
recommended in order to meet the objectives of the
project. Clearance to comply with ADA requirements
will also be evaluated as part of the proposed
improvements.
BICYCLE FACILITIES
The proposed project will be designed with
consideration of implementing a bicycle facility and
future bikeway connectivity. McFadden Avenue serves
as a primary artery for the West Village. According to
"The Neighborhoods of Tustin Town Center: A New
Beginning "; bikeways are planned along McFadden
Avenue in both the West Village concept and the South
Gateway neighborhoods. In the short-term re-
development, consideration to an interim and ultimate
bikeway facility along McFadden Avenue will need to be
evaluated. Evaluation of bicycle detection at the
existing signalized intersections will need to be
considered.
STREETSCAPE AESTHETICS
The goal for the streetscape improvements is to
improve pedestrian and bicycle accessibility while
providing an aesthetically pleasing corridor that is
attractive, maintainable, sustainable, and practical.
This will be accomplished by:
• Incorporating traffic calming elements, such as
landscaped medians, widened sidewalks, street
tree planting, or changing the roadway surface
material at pedestrian crosswalks;
• Maximizing landscape mass, providing ample
street trees to shade the roadway, bike lanes,
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and pedestrian sidewalks;
• Developing a consistent plant palette for the
corridor;
Streetscape Master Plan with decorative horoscope paving, street
furniture, street lighting, and plant material
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i i P Consulting Services I CIP NO. 70210 I ENGINEERING FEASIBILITY STUDY REPORT FOR
I, D MCFA DDEN AVENUE STREETSCAPE AND PEDESTRIAN IMPROVEMENTS
SAFE ROUTES TO SCHOOL
McFadden Avenue serves as a main transportation
corridor to the West Village neighborhood and supports
both commercial and residential uses. McFadden
Avenue connects the West Village to other parts of the
City and access to the nearby Robert Heidemann
School, which is located in the heart of the
neighborhood. Improving the walking and bicycling
environment along recommended routes to school
encourages parents and students to reduce their
reliance on the automobile. Each year the State of
California and the Federal Government allocate millions
of dollars toward Safe Routes to School programs.
Integrating Safe Routes to School concepts into the
Feasibility Study Report recommendations is an
effective first step toward applying for future grant
funds for the planning and development of Safe Routes
to School projects within the project area. Safe Routes
to School projects focus on the five E's: Engineering,
Enforcement, Encouragement, Education, and
Evaluation. Although an analysis of Safe Routes to
Schools is not included within this scope of work, a
discussion of Safe Routes to Schools recommendations
for future consideration will be provided within the
Feasibility Study Report.
PROJECT STAKEHOLDERS
A number of public agencies, organizations, and
business owners are involved in this project. Including,
Caltrans, the utility agencies, homeowner/ business
associations, and other government and civic
organizations. An important consideration is to ensure
that the key stakeholders are well coordinated and kept
informed regarding issues status, resolution and
schedule progress. For clarification of this Scope of
Work, the City will provide all coordination, meetings,
and discussions with stakeholders. The consultant will
not be required to provide these services.
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EXISTING CONDITIONS
McFadden Avenue and Tustin Village Way Intersection
McFadden Avenue and Williams Street Intersection
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Consulting ServiCes I CIP ND. 70210 1 ENGINEERING FEASIBILITY STUDY REPORT FOR
MCFADDEN AVENUE STREETSCAPE AND PEDESTRIAN IMPROVEMENTS
McFadden Avenue Bicycle Traffic
McFadden Avenue School Access Route
RBF
a co..�o.or
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l' Consulting Services I CIP NO. 70210 ENGINEERING FEASIBILITY STUDY REPORT FOR
MCFADDEN AVENUE STREETSCAPE AND PEDESTRIAN IMPROVEMENTS
PROJECT APPROACH
RBF has assembled a highly talented, multi - discipline
team of transportation and public works experts. What
sets our team apart is our ability to provide all of the
design services with professionals within RBF to create a
cohesive approach in preparation of the Feasibility
Study. The RBF team will utilize the same techniques
that have proven successful on past projects to deliver a
high quality analysis to the City of Tustin. RBF's Project
Manager will monitor the schedule and budget, provide
a planned effort for project production, oversee quality
control, develop action plans to address issues and
assure completion, and provide value engineering
recommendations to the City. The successful
completion of this analysis will be incorporated into
future project plans based on our ability to:
• Provide the services requested by the City of
Tustin;
• Effectively communicate and collaborate with
the City's Project Manager;
• Develop a clear scope of work;
• Provide regular project schedule and progress
assessments;
• Develop creative, innovative, and cost - effective
solutions to design challenges;
• Meet schedules and budgetary expectations;
• Provide an end product that achieves project
goals;
• Select from our staff of over 300 local
professionals to allocate resources to meet
demanding project schedules;
• Implement an organized quality control
program;
• Utilize our previous experience in the City of
Tustin.
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Ultimately, the McFadden Avenue Feasibility Study will
evaluate and provide a clear set of recommendations
that will be consistent with or exceed the City's
expectations and embrace the community's needs.
PROJECT MANAGEMENT PLAN
RBF's project management approach has proven to be
effective in meeting our client's goals and objectives
and to ensure that an on -time and on- budget project is
delivered to the City of Tustin.
UNDERSTANDING AGENCY OBJECTIVES
Prior to initiating the analysis work, a thorough
understanding of the objectives for the various agencies
involved is essential in order to achieve successful
design and timely approval. RBF will work closely with
the City of Tustin to identify specific goals and
objectives, critical issues, the project schedule, and
funding budgets.
PROJECT SCOPING
Preparing a comprehensive scope of work that clearly
identifies the various project tasks and the deliverables
expected from those tasks is critical to ensure that an
effective project schedule can be developed and
maintained. RBF has developed a very detailed scope of
work consistent with the sequencing of the design
process and identifies assumptions that are critical for
understanding the intent of the project delivery
process. Development of such a comprehensive scope
of work minimizes the chances of miscommunications
or misdirection between all Project Team members.
BASIS OF DESIGN
A thorough understanding of agency design standards is
necessary in order to realize the project success and the
City of Tustin expectations. RBF works with affected
agencies, including utility companies and other
regulatory agencies, to establish design criteria at the
outset of a project that will serve as the basis of design.
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Consulting Services I CIP No. 70210 I ENGINEERING FEASIBILITY STUDY REPORT FOR
MCFADDEN AVENUE STREETSCAPE AND PEDESTRIAN IMPROVEMENTS
CRITICAL PATH METHOD SCHEDULING
RBF understands that project schedules are a key
communication tool in the management of a project.
There are several key elements that maximize the
effectiveness of the project schedule. These elements
include:
• Information should be easily communicated and
understood;
• Commitment is obtained from each functional
design leader and the project team;
• Inter - relationship of tasks is shown, including
internal QA /QC and agency review periods;
• Easy and flexible to update;
• Office wide correlations of staffing and project
commitments are considered.
Specific critical path items or key critical decisions that
affect plan production will be identified on a continual
basis to ensure that the project schedule is met. RBF
will promptly notify the City of any changes in
anticipated project progress and will submit an updated
detailed Project Schedule to the City.
CRITICAL ISSUE RESOLUTION
Every project will have issues that require discussion
and agreement between the affected parties. RBF
works to foster a professional team relationship
between all members of the Project Team and their
clients. We strive to be technically accurate, objective,
and creative in developing consensus on critical project
issues. The early identification and resolution of critical
issues is imperative to keep a project on track and on
schedule. Identification of who is responsible to
provide information needed for the decision making
process greatly helps in keeping a project moving
forward.
BUDGET CONTROL
It is essential that the RBF Team and the City of Tustin
have an understanding of the construction budget early
on in the project. Frequent monitoring and early
identification of design changes affecting construction
costs will be identified. RBF tracks recent costs trends
of public works construction projects to monitor cost
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changes in the construction industry, these costs will be
assessed for use as budgeting controls.
PROGRESS REPORTS
RBF will provide progress reports for the duration of the
design activities. RBF will provide Progress Reports
summarizing current work progress. The report will
also address potential problems that may delay
achieving the project milestones and identify
responsibilities to provides information to maintain the
project momentum.
QUALITY CONTROL
Producing high quality work along with client
satisfaction is an extremely important goal for RBF. The
RBF Team's Quality Control Program is a continuous
process used not just at project milestones, but also on
a daily basis as work flows from desk to desk, discipline
to discipline, and consultant to client. Our plans will
undergo two types of internal reviews:
• On -going Reviews: These occur throughout the
project process by the Project Manager and
focus on the day -to -day accuracy and
coordination with other disciplines.
• Formal Reviews: These occur at each of the
product submittal stages and will be performed
by the discipline department head.
ALLOCATION OF STAFF TO MEET DEMAND SCHEDULE
The Project Manager will hold regular in -house project
team meetings with design Discipline Leaders to
coordinate project interface issues and ensure that a
"cause and effect" analysis of design decisions that
involve multiple design disciplines is completed. In
addition, these meetings are utilized to discuss staffing
needs and project schedule and budget status. These
in -house meetings serve as a forum for regular
communication within the entire RBF Project Team that
fosters development of a cohesive teamwork
environment and builds accountability within the
Project Team.
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Consulting Services I CIP No. 70210 1 ENGINEERING FEASIBILITY STUDY REPORT FOR
MCFADDEN AVENUE STREETSCAPE AND PEDESTRIAN IMPROVEMENTS
SCOPE OF WORK
The following detailed Scope of Work has been
developed to comply with the design methodology and
technical approach consistent with the City of Tustin
requirements for this Feasibility Study Report RFP. It is
structured to clearly identify the required design
elements and has been successfully used by RBF on
previous projects. The scope of work as follows:
A. Coordination with City Staff
B. Field Review
C. Research and Investigation
D. Identify Additional Data, Required
E. Develop Alternatives, Preliminary Costs, and
Schedule
F. Final Feasibility Study Report
A. COORDINATION WITH CITY STAFF
PROJECT MANAGEMENT AND SCHEDULING
1. Prepare a Work Plan for the Project. The work plan
will include:
• Prioritizing City needs
• Project personnel
• Task disciplines
• Task and phase budgets
The work plan will be tracked on a weekly basis.
2. Prepare a detailed Project Schedule. The schedule
will be a refinement of the schedule included in
Section 2 of this Proposal. The schedule will
identify milestone events and will be tracked and
updated on a monthly basis if necessary.
3. Prepare an Action Item Table which will identify:
Critical issues
• Responsible parties
• Target resolution dates
• Actual resolution dates
The action item table will be updated on a monthly
basis.
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PROJECT COORDINATION
It is anticipated that The City will perform all
coordination with project stakeholders, Caltrans,
Businesses, and other involved agencies. The City shall
relay the information to RBF for inclusion in the
Feasibility Study Report. Two (2) meetings are budgeted
for this project; one (1) kickoff meeting and one (1) pre -
final Feasibility Study Report submittal meeting. RBF will
coordinate meeting(s), provide discussion materials and
agendas, and develop and distribute meeting notes.
RBF will prepare an action item table, document project
decisions and distribute correspondence copies to all
Project Team members as appropriate.
• KICK -OFF MEETING
This meeting will establish the project controls,
chains of communication, and provide
preliminary clarification of project goals. The
City will provide reference material specific to
the study, and as outlined within the Scope of
Work. RBF will prepare a work plan of the initial
tasks, and schedule of completion.
• PRE -FINAL FEASIBILITY STUDY REPORT
Prior to completion of the Final Feasibility Study
Report, RBF will arrange a meeting with the City
to review a draft (Pre - Final) submittal of the
Feasibility Study Report. This review meeting is
anticipated to occur after the City has
completed its review of the draft document.
RBF will discuss comments/ clarification with
the City to be incorporate into the Final
Feasibility Study Report. No additional revisions
are anticipated from this final submittal.
Deliverables
Project Work Plan
Project Schedule
Project Meetings
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R' Consulting Services I CIP No. 70210 1 ENGINEERING FEASIBILITY STUDY REPORT FOR
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B. FIELD REVIEW
A thorough analysis of the existing conditions is critical
prior to preparing the Feasibility Study Report. This task
includes a field review of the existing conditions to
verify, observe, and photo- document the existing
conditions. Specifically, RBF will examine and
photograph:
• Existing striped medians
• Existing turn pockets
• Existing sidewalk widths and curb ramp
compliance
• Site distance triangle standards
• General drainage conditions
• Existing utility locations
• Existing signalized intersections
• Existing marked crosswalks
• Existing pedestrian, bicycle, and vehicle facilities
at the project limits
• Surrounding land uses
Deliverables
Digital Site Photo Log
Field Notes
C. RESEARCH AND INVESTIGATION
Existing data will be researched, obtained and input into
the project =s data base as appropriate. The following
items will be part of RBF's research and investigation:
PHOTOGRAPHIC BASE MAP
Provide color digital orthophotography from aerial
photogrammetry for the project segment for a width of
approximately 200 feet including the existing roadway
to a minimum of 25 feet past the right -of -way or to the
face of existing buildings. Mapping will meet the
requirements in "ASPRS Accuracy Standards for Large
Scale Maps," dated March 31, 1993 and will be
orthorectified to the project coordinate system. New
black and white aerial photography will be collected and
orthorectified to the project coordinate system and
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DTM. Consultant will coordinate with the City in the
determination of the limits of the photogrammetry to
be obtained.
Digital orthophotography will be provided at 3" pixel
resolution sufficient for use in the preparation of the
project study report at a plotting scale of 1 "= 40'.
Deliverables (1 " =40')
Digital Photographic Base Map
UTILITY RESEARCH
RBF will conduct an initial record research to contact
utility agencies /owners having facilities within the
project area. RBF will research available City records to
determine the location of existing sewer, water, and
storm drain improvements in the public streets. RBF
will also send one initial letter to each of the various
utility companies requesting copies of their facility
maps. The list of utility contacts will either come from a
City standardized list or one that we will prepare based
on current contact data provided by the City of Tustin.
RBF will keep records of correspondence, both to and
from the utility companies, provide copies of the
correspondence to the City, and document material
obtained. RBF will transfer the information to the base
map to locate the utilities within the project limits. The
base maps will be forwarded to each utility
agency /owner for review, correction, and certification
of correctness. Any planned utility improvement
identified by the owner will be reviewed and evaluated
for project impacts.
Deliverables (1 " =40')
Digital Utility Base Map
Utility Inventory and Correspondence Log
REVIEW EXISTING STUDIES
A review of project history files, previous and adjacent
studies, specifically 'The Neighborhoods of Tustin Town
Center., A New Beginning —A Strategic Guide for
Development" will be conducted to gather any
background information available. This information will
provide additional identification of potential projects
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TUSTIN
Consulting Services I CIP No. 70210 1 ENGINEERING FEASIBILITY STUDY REPORT FOR
��- MCFADDEN AVENUE STREETSCAPE AND PEDESTRIAN IMPROVEMENTS
issues and will be incorporated, as appropriate, into the
Feasibility Study Report.
Deliverables
Data Compilation
D. IDENTIFY ADDITIONAL DATA, REQUIRED
The data to be used in the preparation of the Feasibility
Study Report will be based on available record
information, visual inspection and analysis of the
existing conditions. Additional data, such as subsurface
investigations and pavement section delineations, are
anticipated to be necessary in advance of proceeding
with the final engineering documents and have not
been included within this scope of work.
The following items will be identified for further study,
or reviewed as described as part of RBF's scope of work:
LANDSCAPE INFORMATION
RBF will conduct a field review as described under
section B. field Review and photo log the existing
vegetation as part of our reconnaissance to determine if
the existing conditions will influence the final planting
design recommendations
ADDITIONAL TRAFFIC ANALYSIS
RBF will identified additional traffic data and /or traffic
analysis that may be necessary to mitigate pedestrian,
bicyclist, and vehicle impacts due to the recommended
improvements.
GEOMETRY AND TYPICAL SECTION
RBF will coordinate with the City to develop a preferred
geometric section incorporating the layout for
McFadden Avenue based on the understanding of this
study. Evaluation of improvements requiring additional
traffic analysis, right -of -way acquisition, utility
relocation, environmental review, or other significant
data collection will be identified. The data review will
identify project issues related to:
• Design Criteria
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Bike Lane Requirements
• Minimum Lane Widths
• Parkway Improvements
• Lane Geometry
• Turn Pocket Geometry
Traffic Operations /Facilities
• Land Use Compatibility and Access
Right -of -Way Deficiencies
• Adjacent Off Site Impacts
PRELIMINARY STRUCTURE STUDIES
RBF will identify additional data specific to anticipated
structures:
• RETAINING STRUCTURES
If it has been determined that retaining
structures may be required based on the
preferred roadway section developed for the
study, RBF will identify issues for geotechnical
investigation, structural analysis, right -of -way
impacts, easements, and underground study
necessary to advance the project.
PAVEMENT EVALUATION ANALYSIS (VISUAL
OBSERVATION / PAVEMENT MANAGEMENT PLAN
REVIEW)
Consultant will perform a visual observation of
the existing roadway pavement conditions and
will review existing documents to be provided
by the City, such as current Pavement
Management System reports to evaluate
pavement deficiencies.
ROW ANALYSIS
RBF will evaluate the need to acquire additional right -
of -way to evaluate alternatives based on information
compiled from public records over the project limits.
The right -of -way impacts analysis will be based on
existing Assessor Parcel (AP) readily accessible from
public records. These records are anticipated to be
sufficient and will be used to evaluate right -of -way
deficiencies. Deficiencies determined using AP maps
may not provide the level of accuracy and surety.
necessary to develop acquisition documents.
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UTILITY RELOCATION AND CONSIDERATIONS
As a result of the research obtained from previous
E. DEVELOP ALTERNATIVES, COSTS,
tasks, Consultant will evaluate impacts to existing
SCHEDULE
facilities and assess the need to relocate facilities
resulting from the alternative alignments considered
DEVELOP ALTERNATIVES
with this scope of work.
It is anticipated that a maximum of three (3)
alternatives may be considered during the alternatives
• EVALUATE DRAINAGE IMPACTS
development phase of work. These alternatives may
RBF will review the need for additional study of
include:
the existing storm water facilities. In addition,
RBF will address potential water quality
a Maintain improvements within the existing curb
improvements that should be considered. RBF
to curb street section (non - standard);
will review field data, field investigation, and
• Traffic Calming alternative (Roadway Diet);
compliance issues that will require further study
Full improvements (full standards).
prior to implementation. No calculations, sizing,
or analysis will be performed.
The Alternatives will be prepared at 1 " =40' scale
showing both horizontal layout and typical section. The
LAND USE (ZONING)
Alternative alignments will be submitted for City review
Based on the anticipated improvements, RBF will review
and comment. RBF will incorporate requested changes
and identify potential land use issues, zoning
to be included within the Feasibility Study Report. The
requirements, or limitations identified by the review
alternative development will address the following
during the research and investigation task of this scope
project issues related to:
of work.
• Design Criteria
SCHEDULING
Bike Lane Requirements
RBF will review possible delays, material availability,
• Minimum Lane Widths
Parkway Improvements
funding, and third -party coordination impacts in
Lane Geometry
relation to project investigation. The information will be
. Turn Pocket Geometry
based on prior project experience and industry
. Traffic Operations /Facilities
knowledge.
Q Land Use Compatibility and Access
CONSTRUCTABILITY REVIEW
• Right -of -Way Deficiencies
Adjacent Off Site Impacts
NOT INCLUDED —To be included in subsequent design
scope of services.
COSTS ANALYSIS
RBF will prepare a Cost Analysis of up to three (3)
Deliverables
project alternatives. The costs will be evaluated to an
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order of magnitude of the preliminary study. "Soft
Costs" will be estimated from projects of similar size
and nature. The basis of this estimate shall be for
comparative purposes. The cost analysis will be
included as an attachment to the Feasibility Study
Report.
law
1 -11
TUSTIN
j. Consulting Services I CIP No. 70210 I ENGINEERING FEASIBILITY STUDY REPORT FOR
MCFADDEN AVENUE STREETSCAPE AND PEDESTRIAN IMPROVEMENTS
PROJECT SCHEDULE
RBF will prepare a Project Schedule for the preferred
project alternative. The schedule will be a Bar Chart
schedule, outlining the anticipated planning, design and
construction tasks of the preferred project. A brief
discussion of the limitations and challenges will be
provided with the schedule. The basis of this schedule
shall be for comparative purposes. The schedule will be
included as an attachment to the Feasibility Study
Report.
Deliverables
Alternative Study
Costs Analysis
Project Schedule
F. FEASIBILITY STUDY REPORT
RBF will prepare a brief Feasibility Study Report in
accordance with City of Tustin Guidelines for Phase I
and Phase II improvements. RBF will prepare the
document in close coordination with City staff with
sound planning and engineering judgment. To address
the City's request for multiple review periods, RBF has
included three (3) separate reviews for the Feasibility
Study Report, with the basis of our scope and fee
anticipating minor changes or comments on the final
two reviews, therefore, not changing the alternatives,
or other major components of the study. Please note
RBF has allowed for a separate review of the alternative
alignments under Task E, of this scope of work.
RBF will prepare the document according to the
following outline:
I. INTRODUCTION
II. BACKGROUND
III. NEED AND PURPOSE
IV. PROJECT DESCRIPTION/ DESIGN ISSUES
A. Existing Facility and Alternatives
B. Right of Way
C. Additional Data
D. Utilities
E. Streetscape & Aesthetics
F. Safe Routes to School
G. Traffic Forecast/ Operational Analysis
H. Project Schedule
I. Alternative Costs
V. PERMITS
A. Environmental Discussion
B. Other Agencies
VI. RECOMMENDATIONS / CONCLUSIONS
VII. ATTACHMENTS
Deliverables
Ten (10) Initial Feasibility Study Report
Ten (10) Pre -Final Feasibility Study Report
Twenty (10) Final Feasibility Study Report
STREETSCAPE AND AESTHETICS
Upon City's selection of the most feasible alternative,
RBF will prepare one (1) presentation quality, color
rendered Streetscape Master Plan exhibit at an
appropriate scale showing the horizontal layout of the
proposed improvements. The goal of the Streetscape
Master Plan is to provide a comprehensive design for
the corridor that meets the City's goals and objectives
and to provide the framework for all future design
decisions. The Streetscape Master Plan will include, but
not be limited to the following:
• A one paragraph narrative description of the
Streetscape Master Plan and how it achieves
the City's objectives;
• Landscape area locations;
• Plant material selections, including installation
sizes and maintenance issues;
• Median hardscape materials;
• One (1) Typical street cross - sections with
dimensions;
Deliverables
One (1) Color Rendered Streetscape Master Plan
SAFE ROUTES TO SCHOOL
RBF will prepare a brief discussion within the analysis to
address future considerations for safe routes to school
1 -12
TUSTIN
Consulting Services I CIP No. 70210 1 ENGINEERING FEASIBILITY STUDY REPORT FOR
McFADDEN AVENUE STREETSCAPE AND PEDESTRIAN IMPROVEMENTS
within the project area. The analysis will not evaluate
deficiencies or the associated costs to implement
improvements.
Deliverables
Feasibility Study Report discussion of Safe Route to
School
TRAFFIC FORECASTS/OPERATIONAL ANALYSES
NOT INCLUDED —To be included in subsequent design
scope of services.
Deliverables
G. SCOPE OF WORK ASSUMPTIONS /
EXCLUSIONS
It is assumed that for the level of effort required
preparing the Feasibility Study Report, the following
scope of work items have not been included. If
required, or deemed necessary by the City, RBF can
provide these services for an additional fee.
Traffic Forecasting /Operational Analyses
• Constructability Reviews
• Community Outreach
Gateway Treatment Design
• Hydrology or Hydraulic Reports
• Storm Water Pollution Prevention Plan (SWPPP)
• Safe Routes to School Analysis /Study
Water Quality Management Plan (WQMP)
Environmental Analysis, Reports or clearances
• Geotechnical engineering investigations
• Hazardous materials investigation
• Subsurface investigations/ potholing of utilities
• Title Reports
• Property acquisition reports or appraisals
• Traffic signal modification plans
P 1=carWnY
Utility relocation design
• Structural design
• Retaining wall design
• Sign or entry monument design
Any other services not specifically set forth in the above
Scope of Work
1 -13
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EXHIBIT "C"
SPECIAL REQUIREMENTS
1. 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 officers or employees will accept private work from or provide
services to developers doing work within Red Hill Avenue feasibility study area. If
either City 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
form 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 or 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, Gary L. Miller shall be the representative from RBF
Consulting, 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
To be reproduced (printed) on consultant's letterhead
Date
Mr. Doug Anderson
Transportation & Development Services Manager
City of Tustin
300 Centennial Way
Tustin. CA 92780
ATTN: Doug Anderson, Transportation & Development Services Manager
SUBJECT: MCFADDEN AVENUE STREETSCAPE AND PEDESTRIAN
IMPROVEMENTS BETWEEN WILLIAMS STREET AND THE SR -55
MCFADDEN BRIDGE IN THE CITY OF TUSTIN (CIP NO. 70210)
ENGINEERING FEASIBILITY STUDY REPORT
Dear Mr. Anderson:
RBF Consulting has executed the Consultant Services Agreement for the above
referenced project. In lieu of providing occurrence based on professional liability
insurance coverage as required by the Agreement, RBF Consulting 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. RBF Consulting will
provide the City with certificates of insurance coverage within the period established
above in order to evidence compliance with this Agreement.
Sincerely,
RBF Consulting
Gary L. Miller, Vice President
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 Compliance
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 employer /employee 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
and /or 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, and /or 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 LA 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
1. 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
1. 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
more 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
1. 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. By way 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 Costs
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 Report s
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 than 15 days after the end of the Fiscal Year,
D. Procurement
1. Compliance
The CONSULTANT shall comply with current CITY policy concerning 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 follow 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 Riqhts
1. 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 furnish 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 or
understanding, a notice, to be provided by the agency contracting officer, advising the
labor union or 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 for 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
1. 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
1. 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.
EXHIBIT "E"
SCHEDULE OF COMPENSATION and PERSONNEL HOURLY RATES
Compensation
1. As payment for services rendered under this Agreement, the City shall pay the
Consultant a not -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 costs 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.
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CONSULTING
A =-= Company
HOURLY RATE SCHEDULE
Effective January 2012 through December 2012
PERSONNEL
$/ Hr.
_OFFICE
SeniorPrincipal ................................................................................... ...............................
........................$245.00
Principal........................................................................................................................
............................... 225.00
ProjectDirector ................................................................................:... ...............................
.........................220.00
ProgramManager. ............................................................................... ...............................
.........................215.00
SeniorProject Manager ....................................................................... ...............................
.........................200.00
ProjectManager .................................................................................. ...............................
.........................195.00
StructuralEngineer .............................................................................. ...............................
.........................195.00
TechnicalManager .............................................................................. ...............................
.........................180.00
SeniorEngineer ................................................................................... ...............................
.........................163.00
SeniorPlanner ..................................................................................... ...............................
.........................163.00
ElectricalEngineer ............................................................................... ...............................
.........................156.00
LandscapeArchitect ............................................................................ ...............................
.........................150.00
SeniorGIS Analyst .............................................................................. ...............................
.........................150.00
ProjectEngineer .................................................................................. ...............................
.........................148.00
ProjectPlanner .................................................................................... ...............................
.........................148.00
EnvironmentalSpecialist ...................................................................... ...............................
.........................138.00
Design Engineer /Senior Designer/ Mapper ........................................... ...............................
.........................135.00
GISAnalyst .......................................................................................... ...............................
.........................122.00
Designer /Planner ................................................................................. ...............................
.........................118.00
ProjectCoordinator .............................................................................. ...............................
.........................110.00
GraphicArtist ........................................................................................ ...............................
..........................97.00
Environmental Analyst /Staff Planner .................................................... ...............................
..........................97.00
DesignTechnician ................................................................................ ...............................
..........................97.00
AssistantEngineer / Planner ................................................................... ...............................
..........................93.00
PermitProcessor .................................................................................. ...............................
..........................83.00
EngineeringAide /Planning Aide ........................................................... ...............................
..........................75.00
OfficeSupport/ Clerical ......................................................................... ...............................
..........................63.00
FIELD PERSONNEL
2- Person Survey Crew ........................................................................
............................... ........................$245.00
1- Person Survey Crew .........................................................................
............................... .........................165.00
LicensedSurveyor ...............................................................................
............................... .........................175.00
FieldSupervisor ...................................................................................
............................... .........................172.00
CONSTRUCTION MANAGEMENT PERSONNEL
ConstructionManager ......................................................................... ...............................
........................$185.00
Resident Engineer /Project Manager .................................................... ...............................
.........................154.00
Senior Construction Inspector .............................................................. ...............................
.........................123.00
ConstructionInspector ......................................................................... ...............................
.........................118.00
FieldOffice Engineer ........................................................................... ...............................
.........................110.00
ConstructionTechnician ....................................................................... ...............................
..........................95.00
Note:
Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cast plus 15 %. A Sub- consultant
Management Fee of fifteen- percent (15 %) will be added to the direct cost of all sub-consultant services to provide for the cost of administration, sub -
consultant consultation and insurance. Vehicle mileage will be charged as an additional cost at $0.51 per mile.
EXHIBIT "F
SCHEDULE OF PERFORMANCE
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