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Home My WebLink About11 NEWPORT-55 RAMP 04-03-00Inter-Com NO. 11 04-03-00 DATE: APRIL 3, 2000 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION CONSULTANT SERVICES AGREEMENT FOR TRAFFIC STUDY FOR THE NEWPORT 'AVENUE EXTENSION / SR 55 RAMP RECONFIGURATION PROJECT (CIP NO. 7130) SUMMARY The Consultant Services Agreement with LSA Associates for Consulting Engineering Services will provide for preparation of a traffic study and analysis in support of the environmental documentation for Newport Avenue Extension / SR 55 Ramp Reconfiguration Project (CIP 71.30). RECOMMENDATION It is recommended that the City Council approve the Consultant Services Agreement with LSA Associates to provide traffic study related services for the Newport Avenue Extension / SR 55 Ramp Reconfiguration Project (CIP 7130) for a not-to-exceed fee of $14,000.00 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 these services within the final design phase of the project. The final design phase for the Newport Avenue EXtension / SR 55 Ramp Reconfiguration Project (CIP 7130) is funded by the Tustin Redevelopment Agency South Central. BACKGROUND The project reconstructs State Route 55 and Edinger Avenue interchange to improve traffic circulation. The project includes removal of loop ramps for northbound SR 55 and replacement by hook ramps. This work is being completed in cooperation with Caltrans and includes a land exchange with Caltrans. The new hook ramps will connect with a new Newport Avenue and Edinger Avenue intersection. Del Amo Avenue will also be reconstructed to provide a connection to the ramps. This construction is being completed within the Pacific Center East commercial property. At the June 7, 1993 meetings of the City Council and the Tustin Community Redevelopment Agency, a Public Works Agreement was entered into between the City and the Agency for accomplishment of the Newport Avenue Extension Project improvements in the South Central Project Area. The agreement provided for the City to undertake the public improvements described in the document on behalf of the Agency and that the Agency would pay the City for the cost of these improvements from future tax increments to the South Central Project Area. Consultant Services Agreement for Traffic Study for the Newport Avenue Extension / SR 55 Ramp Reconfiguration Project April 3, 2000 Page 2 On May 16, 1994, the Tustin City Council adopted Ordinance 1125 which amended the Pacific East Center East Specific Plan. The Pacific Center East Specific Plan functions as the environmental documentation for the Newport Avenue Extension / SR 55 Ramp Reconfiguration Project (ClP 7130). Due to the time elapsed since the Specific Plan approval it is necessary to update the traffic analysis in the environmental documentation. DISCUSSION On December 8, 1999, a Request for Proposal was sent to a total-of three (3) Consulting Engineering firms: LSA Associates, WPA Traffic Engineering, Inc, and RKJK and Associates. The proposals contained the required work scope including the current traffic circulation plan in the Pacific East Center East Specific Plan. All proposals were received and reviewed in accordance with the City's accepted process and procedures. LSA Associates was selected based upon the qualifications and experience of their project personnel and demonstrated competence with similar projects. A fair and reasonable fee has been negotiated. It is recommended that the City Council execute a Consultant Services Agreement with LSA Associates to provide Professional Engineering Services for a not-to-exceed fee of $14,000, subject to approval by the City Attorney. Tim D. Serlet ~ ' Director of Public Works/City Engineer TDS:RLS:CSA LSA Agenda item.doc Ronald L Schu!tz __ ~ ' Consulting Projec~~r Attachments: Consultant Services Agreement CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this__ day of ,2000, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and LSA Associates, Inca California corporation, hereinafter referred to as '.'Consultant". RECITALS WHEREAS, City requires the services of a Consultant to furnish the necessary engineering services for providing Traffic Analysis for Newport Avenue Extension / SR 55 Ramp Reconfiguration (CIP 7130), hereinafter referred to as "Project"; and WHEREAS, Consultant has submitted to City a proposal, dated February 16, 2000 and March 16. 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 Consultant's Proposal contained in letters dated February 16, 2000 and March 16. 2000, a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement. Consultant shall also perform at the direction of the City any and all other consulting services that in the opinion of the City, the Consultant is qualified to perform and is in the interest of the City for the Consultant to perform. Section 2: Order of Precedence. In the event of a conflict between or among any of the documents comprising this Agreement, the following order to precedence shall govern the provision in question: 1. This Agreement 2. Consultant's Proposal (Exhibit "A") Section 3: Time for Completion. The time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant's proposal. Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. Section 4: Compensation. A. The compensation to be paid under this Agreement shall be as set forth in Exhibit "A", not to exceed a total cost of $14,000.00. 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. Do Consultant shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. Section 5: Independent Contractor. Consultant's relationship to City in the performance of this Agreement is that of an independent contractor. Consultant's personnel performing services under this Agreement shall at all times be under Consultant's exclusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. Section 6: Indemnification. Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges including attorney's fees caused by or arising out of Consultant's, its Officers', agents', subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. Section 7' Insurance. Ao 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 $1,000,000 combined single limit coverage per claim or per occurrence. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement or to cover claims made within five (5) years of the completion of Consultant's service under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least five (5) years after completion of Consultant's services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant's letterhead. Co 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. Eo Upon execution of this Agreement, Consultant shall provide to City certificates of insurance on the City's form evidencing the required insurance. If self-insured for worker's compensation, Consultant shall submit to City a copy of its certification of self-insurance issued by the Department of Industrial Relations. Section 8: Termination of 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. Bo Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. Co Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall, within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. 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: To Consultant: City of Tustin Attn: Director of Public Works 300 Centennial Way Tustin, CA 92780 LSA Associates, Inc. Attn: Anthony Petros, Principal 1 Park Plaza Suite 500 Irvine, CA 92614 Section 10: Miscellaneous Provisions; A. Bo Co U. Bo Consultant shall proceed immediately provided for in this Agreement upon therewith. and diligently to perform the services receipt of notice from City to proceed No part of this Agreement may be assigned by Consultant without the prior written approval of City. 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. 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: Lois E. Jeffrey, City Attorney "CONSULTANT" LSA ASSOCAATES, INC Signature Robert H McCann / President (Print Name / Title) LSA · A.q$(DCI ATI: $, INC. Ob;I- I'ARK PLAZA, SUITE 500 IRVINr~ CALIFORNIA 9261,4 949.553.0666 949.553.8076 tax ()'tilER O} l-ICES: BERKELEY P'l'. RICHMOND EXHIBIT "A' RIVERSIDE February 29, 2000 Dana R. Kasdan Engineering Services Manager City of Tustin 300 Centennial Way Tustin, CA 92780 Subject: Traffic Analysis for Newport Avenue Extension/SR-55 Ramp Reconfiguration (CIP 7130) Dear Mr. Kasdan: LSA Associates, Inc. (LSA) has executed the Consultant Sen, ices Agreement for the above refer- enced project. In lieu of providing occurrence based professional liability insurance coverage as required by the Agreement, LSA warrants and represents 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)),ears after the completion of the consulting sen, ices under the Agree- ment. LSA will provide the City with certificates of insurance coverage within the period estab- lished above in order to evidence compliance with this Agreement. Sincerely, LSA ASSOCIATES, INC. President ,ACCEPTED AND AGREED TO: Tim D. Serlet Director of Public Works/Cib' Engineer 2 "2_ g/()0 <( H:',T()N'Y\Fll.F..~\ncwport55 .wpd >> Rob Balen 5heila Bra,(v Les Card David Clorr Ross Dobbcrzeen Steve Gra,holm Richard Harlacher Roger Harris Larr)' Kc,nmg5 Bill .Uavcr Rob McCann .4ri:bran' Pctros Rob 5cbonbohz 3lalcobn J. sp,-o.l .4 ssociat cs James Baum C~m,,.ic C, dic~ 51even ~!'~ Conid~ng Gar3.. Dow .lack Easton Rict,ard Erickson Kc:.m Fmchcr Glint Kcllncr ];c~stm ].cc h,d~h t-i. 3Lda,,:u: fiai,rm,~ Nwl,oils U ~'~ "litll" O'Cm:nc:'.~ Dui,.,.d~ f'ra:dh. .-t ,,:~ LSA February 16, 2000 Mr. Ron Schultz Public Works .Department City of Tustin 300 Centennial Way Tustin, CA 92780 EXHIBIT "A' Subject: Newport Avenue Extension Phases I and II Traffic Analysis: Scope of Work Addendum Dear Mr. Schultz: Thank you for selecting LSA Associates, Inc. (LSA) to conduct the traffic analysis for the above referenced project. We will prepare the analysis according to our January 10, 2000, professional services proposal. The work effort described in that proposal does not include a traffic modeling component for LSA. The January 10 work pro- gram considers that either traffic forecast data exist from other planning processes (i.e., MCAS Tustin or the TSIA fee program update) or the City would engage their model- ing consultant to prepare the traffic forecasts. In. our discussion yesterday, you stated that the City would rather reserve the option to have LSA prepare the traffic model forecasts using the City's model, in the event it becomes necessary. To this end, I have prepared this addendum to include the prepa- ration of traffic model forecasts from the citywide traffic model. If necessary, LSA will prepare traffic model runs from the existing citywide traffic model. For budgetary purposes, this modeling component reflects use of the existing traffic model and database. No modifications or alterations to the land use, trip gener- ation, trip distribution, or loaded network are included as part of the modeling effort. LSA will prepare the traffic forecasts for a fee of $1,000 per model run. For purposes ofthis scope of work, an allocation of $4.000 is set aside for four model runs. When added to our initial budget of $10,000, the total budge! is $14.000. This allocation is for budgetary purposes; LSA will not run the model or use traffic model output with- ou! prior authorization from the City. of Tustin. This amount will be billed on an 2/16/O0((H:\TON'~FILESmc~q~on ave pro addcndum.wpd)> EXHIBIT hourly basis, consistent with the attached rates and provisions. This amount will not be exceeded without prior authorization. Thank yoh for the opportunity to serve the City of Tustin and to participate in the Newport Avenue extension project. Sincerely, cASSOCIA~~, INC.. Attachment: Standard Contract Provisions 2/16/00(( H :\TON'YLl:'lLES\newport ave pro addendum.wpd)) EXHIBIT "A' LSA Associates. Inc. SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING RATES FEES FOR PROFESSIONAL SER VICES Fixed-Fee Contracts If a fixed-fee proposal, the professional services described in the Scope of Services Section of the attached proposal shall be provided for the fixed fee noted in the proposal. All other professional services are considered extra services. Extra services shall be provided on a time and expenses basis at the same rates specified for hourly contracts, unless other arrangements are made in advance. Hourly' Contracts If an hourly plus expenses proposal, the professional services described in the Scope of Services Section of the attached proposal shall be provided on a time and materials basis at current hourly rates. These rates are as shown on a Rate Schedule that is attached, or can be made available. Hourly rates are subject to review at least annually on or about August 1 of each year, and may be adjusted to reflect changing labor costs, at our discretion, at that time. (A schedule can be made available upon request.) Direct costs (including cost of subconsultants) shall be reimbursed at cost plus ten percent, unless other arrangements are made in advance, and are not in- cluded in the hourly fee for professional services. The total estimated amount of time and expenses noted in the proposal will serX, e as a control on the services to be provided. The specified amount will not be exceeded without prior approval of the client. INVOICING Monthly invoices shall be submitted for progress payment based on work com- pleled to date. Out of pocket expenses shall be billed on a separate monthly invoice. Clients requesting changes ~o LSA's standard invoice ma)' be billed for the time to develop the invoice and monthly administration of the billing. 1 :'3/0(}(( L:\CORP xcontract°c& wPd>) EXHIBIT LSA Ax.~ocialc$, inc. PA YMEYV T OF ACCO UN TS Terms are net 30 days. LSA offers a one percent discount on invoices paid within 30 days of the invoice date. A service charge of 1.5 percent of the in- voice amount (18 percent annual rate) may be applied to all accounts not paid within 30 days of invoice date. Any attorney's fees or other costs incurred in collec.ting any delinquent amount shall be paid by the client. ELECTRONIC FILE DA TA CHANGES LSA does not warranty any changes made to any information electronically transmitted. LITIGATION In the event that either party brings action under the proposal for the breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs whether or not such action is prosecuted to judgement. NO TICES Any notice or demand desired or required to be given hereunder shall be in writing, and shall be deemed given when personally delivered or deposited in the mail, postage prepaid, sent certified or registered, and addressed to the parties as set forth in the proposal or to such other address as either party shall have previously designated by such notice. Any notice so delivered personally shall be deemed to be received on the date of delivery, and any notice mailed shall be deemed to be received five (5) days after the date on which it was mailed. TERMINATION OF SER VICES These sen'ices may be terminated by either pan3' for good cause upon five days wriuen notice or by the client for any reason upon ten days wriuen notice. In this event, payment for all sen,ices and expenses incurred prior lo the date of termination shall be due and payable upon receipt of a final invoice in accor- dance with the provisions of the foregoing section. I.:3/0()<(L:\CORP~contrac!99.wpd>> EXHIBIT "A' A,'~,~oc~ale,~;. ]nc. REVOCATION If this Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be considered revoked if acceptance is not received within 90 days of the date thereof, unless otherwise specified in the proposal. I/3/00((L:\CORPxcontracl°O.wpd)~ -~ EXHIBIT LS/1.4xsocialc.~, Inc. HOURLY BILLING RATES- EFFECTIVE AUGUST, 1999' Job Classification PRINCIPAL ASSOCIATE/PROJECT MANAGER ASSISTANT PROJECT MANAGER PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST ENVIRONMENTAL ANALYST/ASST. PLANNER/ASST, EN- GINEER FIELD DIRECTOR (ARCHAEOL- OGY/PALEONTOLOGY/BIOLOGY) RESEARCH ASSISTANT/TECHNICIAN FIELD CREW GRAPHICS OFFICE ASSISTANT WORD PROCESSING Hourly Rate2 $100- 200 $75- 135 $ 50-85 $ 45-80 $.30-75 $ 45-60 $ 25-50 $ 20-45 $7O $45 $65 Revised August, 1999. The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $250 per hour regardless of job classification. l,r3/00((L:\CORP~contracl°gwpd>> 4 LSA IN-HOUSE DIRECT EXPENSES Reproduction Color Reproduction (8.5xl 1) Color Reproduction (1 lxl 7) Mileage Road Off-road Facsimile Plotting Diazo Printing Film (developing billed separately as a direct cost) Disposable camera and film Search of Specialized Data Bases EXHIBIT "A ,4x.~r,~£iale$, ]nc. $0.10 per page $1.00 per page $3.00 per page $0.325 per mile $0.475 per mile $1.00 per page $20.00 per sheet $0.20 per sq. ft. $5.00 per roll $10.00 per camera $100.00 per inquiry I/3 !0(}(( L:\CORP'xcontra¢109.~d >> 5