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HomeMy WebLinkAbout07 RECON PASADENA 02-22-00 NO. 7 Inter-C om DATE: FEBRUARY 22, 2000 ~ TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION CONSULTANT SERVICES AGREEMENT FOR CONSTRUCTION SURVEY SERVICES FOR THE RECONSTRUCTION OF PASADENA AVENUE FROM THE MAIN STREET CUL-DE-SAC TO THE FIRST STREET CUL-DE-SAC (CIP NO. 7157) AND SECOND STREET FROM PASADENA AVENUE TO MYRTLE AVENUE (ClP NO. 7158) SUMMARY The Consultant Services Agreement will provide for construction survey services related to the Reconstruction of. Pasadena Avenue from the Main Street cul-de-sac to the First Street cul-de- sac (CIP No. 7157) and Second Street from Pasadena Avenue to Myrtle Avenue (CIP No. 7158). RECOMMENDATION It is recommended that the City Council approve the Consultant Services Agreement with Willdan Associates to provide construction survey services related to the Reconstruction of Pasadena Avenue from the Main Street cul-de-sac to the First Street cul-de-sac (CIP No. 7157) and Second Street from Pasadena Avenue to Myrtle Avenue (CIP No. 7158), for a not-to-exceed fee of $11,847.00 and authorize execution of the Consultant. Services Agreement by the Mayor and City Clerk, subject to approval by the City Attorney. FISCAL IMPACT The Capital Improvement Program budget for FY 1999-2000 has allocated sufficient funds for the construction survey of each of these projects. BACKGROUND This project will provide for the complete reconstruction of street pavement, curb, gutter, sidewalk, drive aprons and parkway landscaping, along with the construction of a storm drain on Pasadena Avenue and the installation of nostalgic style streetlights. On December 23, 1999, a Request for Proposal was sent to a total of four (4) Consulting Engineering firms: Norris Repke Inc., Willdan. Associates, Hall & Foreman Inc. and DMc Engineering. All four firms responded by submitting proposals. The proposals contained the required work scope, which includes all necessary construction survey pertinent to the reconstruction of Pasadena Avenue and Second Street. Consultant Services Agreement for the Reconstruction of Pasadena Avenue from the Main St. cul-de-sac to the First St. cul-de-sac (CIP No. 7157) and Second Street from Pasadena Ave. to Myrtle Ave. (CIP No. 7158) February 22, 2000 Page 2 All proposals were received and reviewed in accordance with the City's accepted process and procedures. The selection process was based on demonstrated competence, professional qualifications necessary for the satisfactory performance of the services required and familiarity and prior experience with providing similar services. Based on this review, the firm of Willdan Associates was selected to perform these consultant services and their fee is deemed fair and reasonable. Tim D. Serlet Director of Public Works/City Engineer Associate Civil Engineer TDS:JO:ccg:CSA for 7157 & 7158 const survey.doc Attachments: Location Maps Consultant Services Agreement Z , --- I-~3M-~ S 31JtOYd 133~!S WNSO31aV~ -- 5 -------L alllll I I I a I I I II11 I i I a i iI Z U~ i33~15 O1alDYd i33Hi5 3]i~A~ 3nN3AV VN3G¥SYd CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVI.CES, is made and entered into this day of day of ,2000 by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and Willdan Associates a California corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary construction survey services for the Reconstruction of Pasadena Avenue from the Main Street cul-de-sac to the First Street cul-de-sac (CIP No. 7157) and Second Street from Pasadena Avenue to Myrtle Avenue (CIP No. 7158) hereinafter referred to as "Project"; and WHEREAS, Consultant has submitted to City a proposal dated January 14, 2000, a copy of which is attached hereto, marked .as Exhibit "A" and is by this reference incorporated into this Agreement; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services; and WHEREAS, City desires-to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT Section 1: Scope of Consultant's Services. Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in the City's Request for proposal dated December 23, 1999, a copy of which is attached hereto, marked as Exhibit "B" and is by this reference incorporated into this Agreement. Consultant shall also perform all the services set forth in Exhibit "A". Section 2: Order of Precedence. In the event of a conflict between or among any of the documents comprising this Agreement, the following order to precedence shall govern the provision in question: 1. This Agreement 2. City's Request for Proposal (Exhibit "B") 3. Consultant's Proposal (Exhibit "A") Section 3: Time for Completion. The time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant's proposal. Consultant shall' not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional 'compensation regardless of the party responsible for the delay. Section 4: Compensation. A. The compensation to be paid under this Agreement shall be as.set forth in Exhibit "A", not to exceed a total cost of $11,847.00. 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 security, income tax withholding, unemployment compensation, workers' compensation and Similar matters. Section 6: Indemnification. Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges including attorney's fees caused by or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. Section 7: Insurance. A. Consultant shall maintain in full force and effect during the term of this Agreement policies of comprehensive general liability, personal injury and automobile liability insurance with limits of at least $1,000,000 combined single limit coverage per occurrence. B. Consultant shall maintain in full force and effect during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $500,000 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 the Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least five (5) years after completion of Consultant's services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant's letterhead. C. Consultant shall carry and pay for such compensation insurance as is necessary to fully protect Consultant and its employees under California Worker's Compensation Insurance and Safety Laws, and shall relieve the City from all responsibility under said laws in connection with the performance of this Agreement. Do All insurance required pursuant to this Section shall be issued by a company admitted in the State of California and rated A, VII or better by the latest editiOn of Best's Key Rating Guide. E° Upon execution of this Agreement, Consultant shall provide to City certificates of insurance on the City's form evidencing the required insurance, along with endorsements in form satisfactory to the City. 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 shall have the right to terminate any or all of the services covered by this Agreement at any time for any reason by giving written notice to Consultant. B. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. 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: Notices. Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows: To City: City of Tustin Attn: Director of Public Works 300 Centennial Way Tustin, CA 92780 To Consultant: Mr. James E. McGirr, Vice President Willdan Associates 2125 Katella Avenue, Suite 200 Anaheim, CA 92806 Section 10: Miscellaneous Provisions. Ao Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. B. No part of this Agreement may be assigned by Consultant without the prior written approval of City. Co This Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. D, E. 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. Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any application for such employment, because of race, religion, color, sex or. national origin including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or. termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. "CITY" CITY OF TUSTIN By Tracy Wills Worley, Mayor ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: L-ois E. Jeffrey, City Attorney "CONSULTANT" WILLDAN ASSOCIATES By James E. McGirr Vice President, Special Projects