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HomeMy WebLinkAbout06 REHAB BROWNING 05-15-00 D ~_~ ~ NO. 6 ~ '~'~ E N ~-7_~~ 05-15-00 DATE: MAYAS, 2000Inter-Com TO: . WILLIAM A. HUSTON, CI,TY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: CONSULTANT SERVICES AGREEMENT FOR THE DESIGN OF WALNUT AVENUE REHABILITATION BETWEEN BROWNING AVENUE AND MYFORD ROAD (CIP NO. 7125) SUMMARY The Consultant ~ervices Agreement with Harris & Associates for Consulting Engineering Services will provide for preparation of improvement plans, specifications, environmental documentation and engineering construction estimates for the final design of the Walnut Avenue Rehabilitation between Browning Avenue and Myford Road (CIP No. 7125) RECOMMENDATION It is recommended that the City Council approve the Consultant Services Agreement with Harris & Associates to provide design related services for the Walnut Avenue Rehabilitation (CIP No. 7125) for a not-to-exceed fee of $51,410 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 final design of this project. The construction phase of this project is not funded at this time. The City has applied for grant funding for construction of this project under the Orange County Transportation Authority (OCTA) Combined Transportation Funding Program (CTFP) through the Arterial Highway Rehabilitation Program (AHRP). The AHRP provides up to 50% reimbursement for eligible construction items through the Federal Local Surface Transportation Program (LSTP), which is administered by Caltrans. BACKGROUND The Walnut Avenue Rehabilitation Project will provide for crack sealing, cold planing, removal and replacement of damaged asphalt concrete pavement, construction of asphalt concrete wearing course over pavement reinforcing fabric, repair of existing curb and gutter, and replacement of traffic loops and signing and striping. The street profile will also be redesigned at the abandoned railroad crossing east of Browning Avenue to eliminate the "hump" in the roadway. Consultant Services Agreement for the Design of Walnut Avenue Rehabilitation between Browning Avenue and Myford Road (CIP No. 7125) May 15, 2000 Page 2 DISCUSSION On February 28, 2000, a Request for Proposal was sent to a total of five (5) Consulting Engineering firms: Harris & Associates, Norris-Repke, Hall & Foreman, Inc., Truxaw and Associates and RBF. All five firms responded by submitting proposals. The proposals contained the required work scope, which included topographic survey, preparation and processing of environmental documentation, and preparation of final plans, specifications and construction estimates. All proposals were received and reviewed in accordance with the City's accepted process and procedures. The firm of Harris & 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 Harris & Associates to provide Professional Engineering Services for a not-to-exceed fee of $51,410, subject to approval by the City Attorney. Tim D. Serlet Director of Public Works/City Engineer Keith Linker Associate Civil Engineer Attachments: Location Map Consultant Services Agreement S:\City Council Items\O0 City Council Items\CSA for design of Walnut Rehab.doc Z 0 ATTACHMENT 1 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, hereinafter referred to as "City", and Harris & Associates a California corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary engineering services for preparation of conceptual designs and PS&E construction documents for the Walnut Avenue Rehabilitation Improvements, hereinafter referred to as "Project"; and WHEREAS, Consultant has submitted to City a proposal dated March 16, 2000 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; and WHEREAS, City desires to retain the services of Consultant for said Proiect. 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 February 28, 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 all the services set forth in Exhibit "B". 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 "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. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. Section 4: Compensation. Ao The compensation to be paid under this Agreement shall be as set forth in Exhibit "B", not to exceed a total cost of $51,410.00. B. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. Co Progress payments for work completed shall be paid by City as the wor. k 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. -2- 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. Bo Consultant shall maintain in full force and effect during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or per occurrence, if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement or to'cover claims made within five (5) years of the completion of Consultant's service under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least five (5) years after completion of Consultant's services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached 'Letter Agreement on Consultant's letterhead. C. Consultant shall carry and pay for such compensation insurance as is necessary to fully protect Consultant and its employees under California Worker's Compensation Insurance and Safety Laws, and shall relieve the City from all responsibility under said laws in connection with the performance of this Agreement. D. All insurance required pursuant to this Section shall be issued by a company admitted in the State of California and rated A, VII or better by the latest edition of Best's Key Rating Guide. Bo 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, -3- 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/City Engineer 300 Centennial Way Tustin, CA 92780 To Consultant: Harris & Associates Jeffrey M. Cooper Vice President 34 Executive Park, Suite 150 Irvine, CA 92614-4705 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. Bo 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. Do Consultant shall perform all services required under this Agreement using that degree of care and skill ordinarily exercised under similar conditions in similar localities, and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. Eo Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any application for such employment, because of race, religion, color, sex or national origin including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. -4- IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. "CITY" CITY OF TUSTIN By Jeffery M. Thomas, Mayor ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Lois E. Jeffrey, City Attorney "CONSULTANT" HARRIS & ASSOCIATES By Jeffery M. CooPer, P.E. Vice President -5- TO BE REPRODUCED (PRINTED) ON CONSULTANT'S LETTERHEAD Date City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: Dana R. Kasdan, Engineering Services Manager Subject: Consultant Services Agreement Walnut Avenue Rehabilitation Project Between Browning Avenue and Myford Road (CIP No. 7125) Dear Mr. Kasdan: Harris & Associates 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, Harris & Associates warrants and represents that it shall maintain insurance coverage with the insurance company listed on the attachment, or with an equivalent carrier in the mounts indicated for at least five (5) years after the completion of the consulting services under the Agreement. Harris & Associates 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 ACCEPTED AND AGREED TO: Jeffrey Cooper, PE Vice President Tim D. Serlet Director of Public Works/City Enbdneer APPROVED AS TO FORM: Lois E. Jeffrey City Attorney S:\Consultant Sen'. AgmmtsX2000CSA itt. Harris & Assoc..doc