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HomeMy WebLinkAbout14 SUBSURFACE ASSES. 11-06-00 NO. 14 AGENDA RE 7)R'T MEETING DATE: NOVEMBER 6, 2000 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/FIELD SERVICES CONSULTANT SERVICES AGREEMENT TO PERFORM A SUBSURFACE SITE ASSESSMENT AT THE CITY'S MAINTENANCE YARD LOCATED AT 1472 SERVICE ROAD (ClP NO. 1033) SUMMARY The Consultant Services Agreement with Ninyo & Moore for Consulting Engineering Services will provide for.the performance of a subsurface site assessment at the City's Maintenance Yard as required by the Orange County Health Care Agency. RECOMMENDATION It is recommended that the City Council approve the Consultant Services Agreement with Ninyo & Moore to perform a subsurface site assessment at the City's Maintenance Yard, for a not-to-exceed fee of $37,988.75, 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 2000/2001 has allocated sufficient funds for this project. A portion of the cost of this project may be reimbursed by the State Water Resources Control Board - Underground Storage Tanks (UST) Cleanup Fund Program, when funds are available. BACKGROUND On August 2, 1999, City Council accepted the Underground StOrage Tank Removal and Replacement Project. As part of this project various soils tests were completed and summarized in the UST Project Closure Report dated August 9, 1999. Subsequently, the report was submitted to the Orange County Health Care Agency and on December 17, 1999, the Orange County Health Care Agency issued a letter of Notification to Initiate Corrective Action. The notification stated that an unauthorized release of gasoline had occurred from the previous underground tank and a subsurface investigation was being required to assure that there had been no groundwater contamination. A work plan to perform a subsurface site assessment at the City of Tustin's Maintenance Yard was submitted to the Orange County Health Care Agency for their review and was approved on May 4, 2000 with minor modifications. Consultant Services Agreement to Perform a Subsurface Site Assessment at the Field Services' Maintenance Yard Located at 1472 Service Road November 6, 2000 Page 2 DISCUSSION On July 5, 2000, a Request for Proposal to complete the subsurface investigation in conformance with the approved work plan was sent to five (5) consulting engineering firms. The firms Ninyo & Moore, Harding Lawson Associates, Tait Environmental Management and Professional Services Industries, Inc responded. Miller Brooks Environmental, Inc. did not respond. The proposals contained a scope of work that included a subsurface site assessment and the installation of three monitoring wells (Phase I); six quarterly groundwater monitorings, samplings and reports (Phase II); and monitoring wells' destruction and a closure report (Phase III). The four submitted proposals were reviewed and evaluated based on the RFP requirements. The top two firms, Ninyo & Moore and Tait Environmental Management were selected for final interviews and clarification of their proposals. The firm of Ninyo & Moore was selected based upon their qualifications and experience, their demonstrated competence with similar projects; and the reasonableness of their costs. The firm of Ninyo & Moore has also been approved by the State Water Resources Control Board - Underground Storage Tanks (UST) Cleanup Fund Program. It is recommended that the City Council approve the Consultant Services Agreement with Ninyo & Moore to provide Professional Engineering Services for a not-to-exceed fee of $37,988.95, subject to approval by the City Attorney. Tim D. Serlet--'~ Director of Public Works/City Engineer Wisam Altowaiji Field Services Manager Attachments: Consultant Services Agreement TDS:WA:kllb/S:\City Council Items\00 City Council Items\CSA Ninyo & Moore.doc ,~ .:OFESSIONAL SERVICES AGREE,,,cNT THIS AGREEMENT, made and entered into this __ day of ,2000 by and between the CITY OF TUSTIN, a municipal corporation (hereinafter referred to as "City") and Ninyo & Moore (hereinafter referred to as "Consultant"). WlTNESSETH' WHEREAS, City desires to employ Consultant to furnish the necessary services for providing Consultant Engineering Services to Perform a Subsurface Site Assessment at the City of Tustin Maintenance Yard, located at 1472 Service Road, hereinafter referred to as "Project"; and WHEREAS, Consultant is qualified to provide the necessary services in connection with said Project and has agreed to provide the necessary services; and WHEREAS, Consultant has submitted to City a proposal dated, July 31, 2000, (and response to comments/revisions to the Proposal dated October 13, 2000), a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated herein as though set forth in full herein (the "Proposal"). NOW, THEREFORE, City agrees to employ and does hereby employ Consultant to provide the professional services for the Project, and City and Consultant, for the consideration hereinafter set forth, agree as follows: Section 1' Scope of Consultant's Services. Consultant agrees to furnish to City consulting services for the Project. These services shall include all the services solicited in the City's Request for Proposal dated July 5, 2000, a copy of which is available for viewing at the City's Maintenance Yard located at 1472 Service Road, Tustin, CA, marked Exhibit "B", and all the services included within the Consultant's proposal, (Exhibit "A"). Section 2: Time for Completion. It is hereby understood and mutually agreed that the time for completion of the work to be performed by Consultant is an essential condition of the agreement. Consultant agrees that it shall prosecute regularly and diligently the work of this agreement according to reasonable schedules established by the City for the 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. Any delays shall not entitle Consultant to any additional compensation, regardless, of the party responsible for the delay. Section 3: Compensation; compensation to be paid under t, .~reement shall be as set forth in the Consultant's proposal with a not to exceed total cost of $37,988.95/for the required three (3) phases of work. Progress payments for work completed will be paid as the work progresses, within thirty (30) days of the date of Consultant's approved invoice. These payments will be based upon submittal of detailed invoices and based upon the actual work performed for each individual task not exceeding that provided in the consultant's proposal. Section 4: Job Site Conditions. The City agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of this project, including safety of all persons and property and that this requirement shall be made to apply continuously and not be limited to normal working hours. Section 5: Miscellaneous Provisions. A. City and Consultant agree to the following conditions: (1) City, by notifying Consultant in writing, shall have the right to terminate any or all of the services covered by thi,s agreement at any time. In the event of such termination, Consultant shall be paid for services rendered to the effective date of the termination. (2) Consultant agrees that it shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. (3) The terms and provisions of 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. (4) Consultant shall perform the services hereunder as an independent contractor and under no circumstances or conditions shall Consultant or any of its agents, servants and employees, be considered as an employee or agent of the City. (5) 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 agrees to indemnify, defend and hold City, its agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by other persons and from all costs, expenses and charges, including attorney's fee Jing from Consultant's negligent p nance of this agreement. In addition, Consultant shall maintain in full force and effect during the term of this agreement policies of comprehensive general liability, personal injury and liability insurance with limits of at least $2,000,000 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 or endorsements in form satisfactory to the City have heretofore been delivered to City. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) t° purchase tail insurance in the amount required by this agreement 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. The Consultant shall also be required to 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. (6) 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, to relieve City from all responsibility under said laws in connection with the performance of this agreement, and upon execution of this agreement, to file with City a certificate to said protection. (7) 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: a. 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. (8) Consultant shall provide City monthly with a detailed itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. (9) 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 (1) of this Section, Consultant shall, wit, ~n (10) business days of receipt o. .~ce 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. IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. CITY OF TUSTIN, a municipal corporation By Mayor Ninyo & Moore ATTEST: By R. Scott Kurtz Director of Environmental Sciences City Clerk APPROVED AS TO FORM: City Attorney TO BE REPRODUCED (PRINTED) ON CONSULTANT'S LETTERHEAD Date City of Tustin 300 Centennial Way Tustin, CA 92680 Attn: Wisam Altowaiji, Field Services Manager Subject: Consulting Agreement for the Performance of a Subsurface Site Assessment at the City of Tustin Maintenance Yard Dear Mr. Altowaiji: Ninyo & Moore has executed the Professional Services Agreement for the above referenced project. In lieu of providing occurrence based professional liability insurance coverage as required by the Agreement, Ninyo & Moore warrants and represents that it shall maintain insurance coverage with the insurance company listed on the attachment, in the amounts indicated for at least five (5) years after the completion of the consulting services under the Agreement. Ninyo & Moore will provide the City with certificates of insurance coverage within the period established above in order to evidence compliance with this Agreement. Sincerely, NINYO & MOORE By: R. Scott Kurtz Title: Director of Environmental Sciences ACCEPTED AND AGREED TO: Tim D. Serlet Director of Public Works/City Engineer APPROVED AS TO FORM: Lois E. Jeffrey City Attorney DUE TO THEIR SIZE EXHIBITS "A" & "B" HAVE NOT BEEN ATTACHED.