HomeMy WebLinkAbout14 TRAF CNTL DEVICS 06-05-00 ,'.;(). 1 4
6-5-00
A G E N D A
Inter-Com
DATE: JUNE 5, 2000
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
CONSULTANT SERVICES AGREEMENT FOR PREPARATION OF TRAFFIC
CONTROL DEVICES INVENTORY (CIP NO. 4059)
SUMMARY
The Agreement between the City and Echelon Industries, Inc. will provide for the preparation of a
citywide Traffic Control Devices Inventory.
RECOMMENDATION
it is recommended that the City Council approve a Consultant Services Agreement with the firm
of Echelon Industries, Inc. to prepare a citywide traffic control devices inventory (TCDI) in an
amount not to exceed $100,000.00, and authorize the Mayor and City Clerk to execute the
Contract on behalf of the City, subject to approval of the City Attorney.
FISCAL IMPACT
The Consultant will be compensated on an hourly basis for preparation of the citywide TCDI. It is
estimated that the total cost for these services will not exceed $100,000.00. Funds for this
service are available in the City's FY 1999/2000 Capital Improvement Program Budget.
DISCUSSION
The City prepared and distributed proposals for consultant services to develop and implement a
computerized citywide Traffic Control Devices Inventory (TCDI) system. The implementation of
a TCDI will provide the City an accurate inventory of traffic control devices for record keeping and
maintenance purposes. The TCDI project will include field survey, database preparation and
mapping of existing signs, pavement legends and traffic signal and street name sign pole
locations within the public right-of-way for the entire City. It is planned that additional traffic
control devices (curb markings and lane line striping) will be added in the future.
The previous TCDI prepared for the City was completed in 1985. The inventory was hand
drafted on existing aerial photographs and provided a good inventory for the City at that time.
Since 1985 there have been significant changes to the City's circulation infrastructure that are
necessitating the preparation of a citywide TCDI. There have been additional maintenance
activities and new traffic control device installations that need to be added to the inventory.
With the assistance of computers, the TCDI project will provide the City the ability to monitor and
modify the TCDI as maintenance activities and changes occur. A handheld personal computer
setup for use by Field Personnel will be provided as part of the TCDI project and Field Personnel
will play a key role in maintenance of the TCDI. The TCDI will also assist the Engineering
Division in identifying safety isSues related to traffic control and street improvement plans.
Consultant Services Agreement for Preparation of Traffic Control Devices Inventory
June 5, 2000
Page 2
The City has been negotiating with Echelon Industries, 'Inc. to provide services to prepare the
TCDI system. Based upon the proposal received from Echelon Industries, Inc. and review of the
personnel assigned to this project, it appears they have a thorough understanding of the work
tasks and will successfully complete the preparation of the TCDI in the best interest of the City.
Echelon Industries, Inc. has a good reputation, qualified staff and have prepared similar types of
projects for other agencies.
It is recommended that the City Council approve the Consulting Services Agreement with
Echelon Industries, Inc. for preparation of the TCDI, subject to approval of the City Attorney.
Tim D. Serlet
Director of Public Works/City Engineer
TDS:DA:ccg:TCDI Consultant Agreement
Attachment
Dougl(¢~ R. Anderson
Senior Project Manager-Transportation
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this ~ da:5'
of ,2000 by and between the CITY OF TUSTIN, a municipal corporation, hereinafter
referred to as "City", and Echelon Industries, Inc., a California corporation, hereinafter referred
to as "Consultant".
RECITALS
WHEREAS, City requires the services of a consultant to furnish the necessary engineering
services for Traffic Control Devices Inventory hereinafter referred to as "Project"; and
WHEREAS, Consultant has submitted to City a proposal dated February 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 necessar3' to complete in a manner satisfactory to City,
the services set forth in the City's Request for proposal dated January 25, 2000, 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
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negligence of Consultant. Delays shall not entitle Consultant to any additional compcnsation
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 $100,000.00.
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.
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 exclusix'e 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, sic 'kness, 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.
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Consultant shall maintain in full force and effect during the term of this Agreement policies
of comprehensive general liability, personal injur~.' and automobile liability insurance with
limits of at least $1,000,000 combined single limit coverage per occurrence.
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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 x~riting either (1) to purchase tail insurance
in the amount required by this Agreement or to cover claims made within five (5) years of.
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the completion of Consultant's service under thc 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.
Consultant shall carry and pay for such compensation insurance as is-necessaw 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.
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.
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 an,',' reason by gMng written notice to Consultant.
B. Upon termination of this.Agreement, Consultant shall be paid for sen'ices rendered by the
effective date of the termination.
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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.
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Any notice allowed or required to be given shall be effective upon personal deliver2.,' thercoh 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
Echelon Industries, Inc.
556 North Diamond Bar Blvd., Suite 202
Diamond Bar, CA 91765
Section 10: Miscellaneous Provisions.
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Consultant shall proceed immediately and diligently to perform the services provided for in
this Agreement upon receipt of notice from City to proceed therewith.
No part of this Agreement may be assigned by Consultant without the prior written
approval of CiLv.
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.
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IN WITNESS WHEREOF. this Agreement was cxecutcd by thc partics on the da3.' 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"
ECHELON INDUSTRIES, INC.
Signature
(Print Name / Title)
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